COLORADO SPRINGS TRIAL LAWYER
experienced and professional attorney - 29 years traffic and criminal defense private practice in Colorado state and municipal courts

Colorado Springs attorney - criminal defense of shoplifting, theft, misdemeanor theft, felony theft, burglary, robbery, and crimes of dishonesty - lawyer practices in Colorado Springs Municipal Court and El Paso County, Colorado state courts, all municipal courts and all state courts.  shoplifting, theft, petty theft, misdemeanor theft, felony theft, burglary, robbery, vehicle, motor vehicle, dwelling, residence, police officer, peace officer, felony, misdemeanor, ticket, merchant, store, security, cam, camera, guard, criminal offense, criminal defense, Colorado Springs, El Paso County, Colorado, Colorado Springs Municipal Court, court, lawyer, attorney

        My clients are advised not to discuss facts, law or trial strategy in any offense of a theft or dishonesty nature or civil claim for actual damages or punitive damages with anyone other than myself as legal counsel or a private investigator retained as my agent, who is covered by the attorney - client privilege.  Statements to any third person may be grounds for additional criminal charges, even if the other person is a trusted confidant.  Be very careful what you tell or say to other persons - your statements may be used against you at hearing or trial, and the third person's testimony may be involuntarily compelled by subpoena.  Website visitors who are not my clients should consult with your attorney before talking.

        Twice said - Admissions made by a criminal defendant may be admissible in the prosecutor's case in chief.  Do not discuss a case or make any statements whatsoever with any law enforcement officer, prosecutor, witness, the other involved party  merchants or ocunsel demanding punitive damages or any other third person. Prosecutors will not hesitate to file intimidation of witness felony charges, and your statements are admissible in a trial or motions hearing.  You have the absolute right to remain silent even if police don't tell you.  Exercise that right.  Consult with your attorney before talking. 

When merchant security or the policecontact you, don't try to explain the circumstances.  Stop Talking. 
this includes merchant personnel or legal counsel demanding actual or punitive damages
Simply say at the outset that you wish to remain silent & want an attorney.

        When a criminal suspect voluntarily gives permission for police or law enforcement to search, items found in that search will likely be admissible as evidence.  Conversely, searches without a warrant are presumed unlawful with some exceptions.  Evidence found as a result of an unlawful search may be suppressed (excluded from admission) as a fruit of the poisonous tree.

        When a criminal suspect voluntarily gives permission for merchant security personnel to search, items found in that search will likely be admissible as evidence.  Conversely, searches without permission may exceed scope of the merchant's authority pursuant to statute or ordinance and may be inadmissible.  Evidence found as a result of an unlawful search may be suppressed (excluded from admission) as violative of the suspect's rights.

        Every citizen has the constitutional right to be free from unreasonable search and seizure.  Never consent to a search or seizure without advice of legal counsel.  Let merchant security personnel or law enforcement procure a warrant or face possible statutory and constitutional challenge to the evidence.

        Similarly, no other rights should be waived by any criminal suspect or defendant without advice from counsel.  If you aren't certain what your rights are at the time of the merchant or police request, simply say no - I need to speak to an attorney.

        To be charged in municipal court, the thing of value must be below $100 and the alleged theft must have occurred within city limits.
 
        Shoplifting is a minor misdemeanor offense, and for a first offense it is not likely the Court will impose a jail sentence.  Attendance at a petty theft class will be ordered; it is advisable to immediately enroll as this may facilitate plea negotiations.  Public service may also be ordered.  Colorado Springs Municipal Court does not use the state courts supervision agency; public service is monitored by the Municipal Court Probation Department.  Public service is accepted if completed with any non-profit organization which can provide a non-profit tax ID number and will confirm a defendant's volunteer work.  Many non-profit organizations may decline given that the allegation is a crime of dishonesty, so be prepared to contact more than one agency.  For a first offense, counsel recommends to clients that 24 hours public service be completed at the earliest opportunity.  Probation department supervision may be avoided if the petty theft class and public service are completed prior to court review of deferred sentencing or straight sentencing.

        Refer to above merchant security recordings regarding immediacy of discovery subpoena duces tecum.

        Refer to above general concepts regarding sealing concerns.

        Refer to below civil damages (actual or punitive).  Civil lawsuit should also be avoided to eliminate court records which may be found in a background search.

2.3.202: DEFINITIONS
 
        Security Services: Those services which include, but are not limited to, the prevention of burglary, robbery, theft, shoplifting, criminal mischief, arson, assault or trespass and the observation, investigation, detection and/or reporting of incidents to prevent or deter any unlawful or unauthorized activity, the control, regulation or direction of the flow or movements of persons on private property, whether by vehicle, by foot or otherwise. (Ord. 98-71; Ord. 01- 42; Ord. 08-64)

9.6.401: SHOPLIFTING PROHIBITED
 
        A. It is unlawful for any person, without authorization, whether by threat or deception, to knowingly obtain or in any manner exercise control over any goods, wares, merchandise or any other thing of value having a value of less than one thousand dollars ($1,000.00) which is owned or held by and offered or displayed for sale by any stores or other mercantile establishment, and the person:
                1. Intends to deprive the store or mercantile establishment permanently of the use or benefit of the thing of value; or
               2. Knowingly uses, conceals, abandons or otherwise exercises control over the thing of value in such a manner as to deprive the store or mercantile establishment permanently of its use or benefit; or
                3. Uses, conceals, abandons or otherwise exercises control over the thing of value intending that the use, concealment, abandonment or control will deprive the store or mercantile establishment permanently of its use or benefit.
        B. For purposes of this section, "deception" includes obtaining a full or partial refund for any goods the person knows have not been paid for or attempting to purchase or purchasing any goods for which the person knows the purchase price has been altered.
        C. It shall constitute prima facie evidence that a person intended to commit the offense of shoplifting if the person wilfully conceals unpurchased goods, wares, merchandise, or any other thing of value owned or held by and offered or intended to be offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on the person or otherwise and whether it takes place on or off the premises of the store or mercantile establishment. (Ord. 82-162; Ord. 83-94; Ord. 85-174; Ord. 90-25; Ord. 92-86; Ord. 98-65; Ord. 01-42; Ord. 07-141)

9.6.402: CONCEALMENT OF GOODS
 
        If any person wilfully conceals unpurchased goods, wares, merchandise, or any other thing of value owned or held by and offered or intended to be offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on their own person or otherwise and whether such shall take place on or off the premises of the store or mercantile establishment, the concealment shall constitute prima facie evidence that the person intended to commit the offense of shoplifting. (Ord. 82-162; Ord. 83-94; Ord. 01-42)

9.6.403: QUESTIONING OF PERSON SUSPECTED OF SHOPLIFTING WITHOUT LIABILITY
 
        If any person conceals or otherwise carries away any unpurchased goods, wares, merchandise or other thing of value owned or held by and offered or intended to be offered or displayed for sale by any store or other mercantile establishment, the merchant or merchant's employee or any peace or police officer, acting in good faith and upon probable cause based upon reasonable grounds may detain and question the person in a reasonable manner for the purpose of ascertaining whether the person is guilty of shoplifting. Questioning of a person by a merchant, merchant's employee, or peace or police officer does not render the merchant, merchant's employee, or peace or police officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention. (Ord. 82-162; Ord. 83- 94; Ord. 01-42)

1.1.201: GENERAL PENALTY 1
        A.  Any person who performs or fails to perform an act where the performance or failure to perform is declared in any provision of this Code or any promulgated rule or regulation to be unlawful or an offense or misdemeanor, or any person who performs an act which is prohibited or fails to perform an act which is required by any provision of this Code or any promulgated rule or regulation, or any person who fails to meet a standard of conduct or behavior prescribed in any provision of this Code for which no specific penalty is provided shall, upon conviction, be punished as provided in subsection B of this section.
        B.  Any person convicted for the violation of any provision of this Code or any promulgated rule or regulation shall be punished by a fine of not more than five hundred dollars ($500.00), by imprisonment in jail for a period not exceeding ninety (90) days, by a sentence of probation, or by a combination of fine and/or imprisonment and/or a sentence of probation, unless otherwise provided. The Municipal Court shall designate fines which may be made payable at the Violations Bureau. The minimum fine shall be as follows for the following offenses:
                1. Section 10.17.105 entitled, "Traffic Control Signal Legend", of this Code; the court shall impose a fine of not less than one hundred dollars ($100.00).
                2. Section 10.3.101 entitled, "Approaching Stop Or Yield Intersections", of this Code; the court shall impose a fine of not less than one hundred dollars ($100.00).
                3. Chapter 10, "Motor Vehicles And Traffic", Article 5, "Speed Regulations", of this Code; the court shall have the discretion to reduce the payable fine for speeding offenses by no more than thirty dollars ($30.00).
        C.  A separate and distinct offense shall be deemed to have been committed for each day on which any violation of this Code or of any City rule or regulation shall continue.
        D.  The provisions of this section shall not be applicable to violations of the City's Zoning Code and sections 9.6.606 through 9.6.615 of this Code.
        E.  Possibility of imprisonment upon conviction for violation of the offenses listed in section 11.4.104 of this Code is hereby eliminated. (Ord. 4747; 1968 Code §15-1; 1980 Code; Ord. 82-164; Ord. 86-66; Ord. 88-205; Ord. 91-34; Ord. 94-180; Ord. 95-168; Ord. 96-43; Ord. 96-99; Ord. 01-42; Ord. 03-49; Ord. 04-177) 

 
        A person charged with shoplifting can anticipate a demand from either the alleged victim merchant or legal counsel for the merchant for actual and / or punitive damages.

 
        A civil lawsuit for punitive damages would create a history discoverable in a background search, and therefore should be avoided - such a civil lawsuit would not likely be subject to sealing.  As mentioned above, it should be the goal of a defendant to eliminate any litigation history of dishonesty claim.

        In effort to resolve a damages dispute and limit the merchant's recoverable costs, an offer of settlement may be made pursuant to CRS 13-17-202.  Offers of settlement are not admissible.  CRE 408
 
        CRS §13-21-107.5 and CRS §13-17-202 do not provide for recovery of attorney's fees; hence a merchant's attorney fees are not collectible unless the defendant maintains a frivolous defense.  If a punitive damages civil lawsuit were to be filed, in practicality the merchant would be limited in recovery to costs of process service and court filing fees, and punitive damages recovery judgment could range between the statutory minimum of $100 to the maximum of $250 which has likely been demanded.
 
        Frequently the value of the article in question is nominal, which reduces likelihood of maximum penalty recovery.  Should judgment enter in favor of the merchant absent settlement and voluntary payment, the issue of satisfying the judgment (execution, garnishment or levy) then comes into play.  The client may or may not be employed.  Settlement would save costly litigation time and expense, and increases the merchant's probability of actual recovery.  These are inducements to a merchant to settle the damage claim for less than the maximum likely demanded.
 
        Attorney recommends to clients that upon receipt of a damage demand from a merchant, the client offer to immediately remit the sum of $100 as the minimum provided by statute in full settlement, satisfaction and accord of all claims or causes of action which the merchant may have against the client.  Written confirmation of acceptance as satisfaction and accord is requested required prior to disbursement, and request is made of the merchant for a date of receipt upon which satisfaction and accord would be conditional.
 
        Notice is provided to a merchant that any offer of settlement is made pursuant to CRE 408 and CRS 13-17-202.  Inadmissibility is claimed as to liability; admissibility is claimed regarding award of costs.
 
        This method of settlement eliminates the possibility of additional court records of dishonestly which may be found in a subsequent background search, yet nets a lower cost to the client than statutory maximum punitive damages.  Refer to sealing and litigation history.  Clients can't afford to have a discoverable history involving dishonesty.  Settle the merchant damage claim.

 
        It is also common for the merchant to provide notice the the person alleged to have shoplifted that the person is prohibited from again entering the store in question or any other store owned, leased or run by the merchant.  If the person again enters premises owned, leased or run by the merchant, the person is subject being arrested and charged with criminal trespassing.  This would include subsidiaries of the merchant - businesses with a different name but operated but the same parent company.
 
        Even if the merchant fails to provide notice of exclusion, it would be a very good idea for the person alleged to have shoplifted to never again enter a store or business owned, leased or run by the merchant, or any subsidiary.  In today's world, security cameras are prevalent in most stores.  Larger merchants may have facial recognition software which may trigger an alarm as soon as a former alleged shoplifter enters the premises.
 
        Refer to sealing and litigation history.  Clients can't afford to have a discoverable history involving dishonesty.  Shop elsewhere in the future.

        Theft is classified based upon the thing of value as follows:

        Similar to municipal court charges, shoplifting charged in state court is frequently a minor misdemeanor offense.  For a first offense it is not likely the Court will impose a jail sentence.  Attendance at a petty theft class will be ordered; it is advisable to immediately enroll as this may facilitate plea negotiations.  Public service may also be ordered.  The County Court in and for El Paso County will not give credit for useful public service unless supervised by the court agency - refer to link.  Many non-profit organizations may decline given that the allegation is a crime of dishonesty; you may not find the particular type of public service which is your first choice.  The supervision agency has a listing of organizations which will accept theft cases.  For a first offense, counsel recommends to clients that 24 hours public service be completed at the earliest opportunity.

        Although still in the sandbox of county court, a Class 1 Misdemeanor is a rather serious criminal offense as reflected by the sentencing range.  The higher the dollar value of the item(s) alleged to have been stolen, the more complex the case and the less likely the DA Office will offer a deferred sentence or negotiate in the realm of subsequent sealing criminal records.   As the value increases, potential sentence which may be imposed by the Court may supercede sealing concerns in plea negotiations and increases the likelihood of trial.

        Theft is classified based upon the thing of value as follows:

RELEVANT COLORADO STATUTES
refer to link for relevant statutes

        The most common defenses to a charge of shoplifting, theft, burglary, robbery or other offenses identified in the relevant statutes section of this web page, would be factual - that the alleged acts or statements did not occur or that which may have occurred does not fall within prohibited conduct as defined by statutes or ordinances.  Examples:

        Legal defenses may arise based upon case facts.  Examples: