Navigating Charges of Identity Theft
This page is designed to get rid of the clutter in handling Identity Theft, so that you can focus on the details that matter in your case. Remember that this page is for informational purposes only. If you would like to speak with a Colorado Defense Attorney to address your legal issues, call 303-586-1731.
- Understanding Your Case
- Crime Trends in Denver Colorado for Identity Theft
- Think like a Judge
- Statute for Identity Theft
- Penalties for Identity Theft
As soon as you are charged with a crime, you will need to take care of some details to get your case moving in the right direction. These foundational things include interviewing lawyers, hiring one, and beginning to prepare your case with the lawyer. Here are some useful articles on
- Hiring an Colorado Defense Attorney
- Talking to your Defense Attorney
- Take steps to improve your situation
Once you get through those introductory tasks, you will be ready to move onto the interesting parts of preparing your case.
So let’s get started!
After you have hired a Colorado Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case. To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty. These things are called “elements”.
The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions are a set of instructions crafted by your attorney and the prosecutor that will provide the law to the jury that they must use when deciding your case. Your Colorado Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.
Please find the model jury instruction for Identity Theft below. These will be adapted by your Colorado Attorney for your case.
The elements of the crime of Identity Theft are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. [knowingly used the [personal identifying information] [financial identifying information] [financial device] of another without permission or lawful authority to obtain cash, credit, property, services, or any other thing of value or to make a financial payment or attempted, conspired with another or solicited another to commit any of the acts set forth in these paragraph;] -or[ knowingly possessed the [personal identifying information] [financial indentifying information] [financial device] of another without permission or lawful authority, with the intent to use or to aid or permit some other person to use such information or device to obtain cash, credit, property, services, or any other thing of value or to make a financial payment or solicited another to commit any of the acts set forth in these paragraphs,] -or- [with the intent to defraud, falsely made, completed, altered, or uttered a written instrument or financial device containing any personal identifying information or financial identifying information of another or solicited another to commit any of the acts set forth in these paragraphs;] -or- [knowingly possessed the [personal identifying information] [financial identifying information] of another without permission or lawful authority to use in applying for or completing an application for a financial device or other extension of credit or solicited another to commit any of the acts set forth in these paragraphs;] -or- [knowingly used or possessed the personal identifying information of another without permission or lawful authority with the intent to obtain a governmentissued document or solicited another to commit any of the acts set forth in these paragraphs.] 4. [without the affirmative defense in instruction number ____.] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of identity theft. After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of identity theft. NOTES ON USE This statute applies to offenses committed on or after July 1, 2006. Delete inapplicable bracketed material. When this instruction is given the mental states of ?knowingly? and ?with intent? should be given where applicable. The following definitions should be given where applicable: 1. ?Account holder? means any person or business entity named on or associated with the account or named on the face of a financial device to whom or for whose benefit the financial devise is issued by an issuer. 2. ?Extension of credit? means any loan or agreement, express or implied, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred. 3. To ?falsely alter? a written instrument or financial device means to change a written instrument or financial device without the authority of anyone entitled to grant such authority, whether it be in complete or incomplete form, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or any other means, so that the written instrument or financial device in its thus altered form falsely appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker. 4. To ?falsely complete? a written instrument or financial device means: a. To transform an incomplete written instrument or financial device into a complete one by adding, inserting, or changing matter without the authority of anyone entitled to grant that authority, so that the complete written instrument or financial device falsely appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker; or b. To transform an incomplete written instrument or financial device into a complete one by adding or inserting materially false information or adding or inserting a materially false statement. A materially false statement is a false assertion that affects the action, conduct, or decision of the person who received or is intended to receive the asserted information in a manner that directly or indirectly benefits the person making the assertion. 5. To ?falsely make? a written instrument or financial device means to make or draw a written instrument or financial device, whether it be in complete or incomplete form, that purports to be an authentic creation of its ostensible maker, but that is not, either because the ostensible maker is fictitious or because, if real, the ostensible maker did not authorize the making or the drawing of the written instrument or financial device. 6. ?Financial device? means any instrument or device that can be used to obtain cash, credit, property, services, or any other thing of value or to make financial payments, including but not limited to: a. A credit card, banking card, debit card, electronic fund transfer card, or guaranteed check card; b. A check; c. A negotiable order of withdrawal d. A share draft; or e. A money order. 7. ?Financial identifying information? means any of the following that can be used, alone or in conjunction with any other information, to obtain cash, credit, property, services, or any other thing of value or to make a financial payment: a. A personal identification number, credit card number, banking card number, checking account number, debit card number, electronic fund transfer card number, guaranteed check card number, or routing number; or b. A number representing a financial account or a number affecting the financial interest, standing, or obligation of or to the account holder. 8. ?Government? means: a. The United States and its departments, agencies, or subdivisions; b. A state, county, municipality, or other political unit and its departments, agencies, or subdivisions; and c. A corporation or other entity established by law to carry out government functions. 9. ?Issuer? means a person, a banking, financial, or business institution, or a corporation or other business entity that assigns financial rights by acquiring, distributing, controlling or, canceling an account or a financial device. 10. ?Number? includes, without limitation, an grouping or combination of letters, numbers, or symbols. 11. ?Of another? means that of a natural person, living or dead, or a business entity as defined in section 16-3-301.1 (11) (b), C.R.S. 12. ?Personal identification number? means a number assigned to an account holder by an issuer to permit authorized use of an account or financial device. 13. ?Personal identifying information? means information that may be used, alone or in conjunction with any other information, to identify a specific individual, including but not limited to a name; a date of birth; a social security number; a password; a pass code; an official, government-issued driver?s license or identification card number; a government passport number; biometric data; or an employer, student, or military identification number. 14. ?Utter? means to transfer, pass, or deliver, or to attempt or cause to be transferred, passed, or delivered, to another person a written instrument or financial device, article, or thing. 15. ?Written instrument? means a paper, document, or other instrument containing written or printed matter or the equivalent thereof, used for purposes of reciting, embodying, conveying, or recording information, and any money, token, stamp, seal, badge, or trademark or any evidence or symbol of value, right, privilege, or identification, that is capable of being used to the advantage or disadvantage of another.
To begin the process of analyzing your case, think about your case from the perspective of the prosecutor. Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your Colorado Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence. Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court. For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court. Additionally, talk to your attorney about whether you have any defenses to Identity Theft.
Consider Outside Factors that can Influence Your Case
Your Colorado Judge and Jury will form opinions well before they hear the evidence in your case. You should try to understand these opinions before you decide whether to go to trial or take a plea so that you can better assess the strengths and weaknesses of your case. Additionally, if you decide to go to trial, you can use these factors to help identify a jury that is appropriate for your case.
Crime Trends in Denver Colorado:
Trends play an important role in the way a community perceives a crime. For example, if the charges you are facing are occurring more and more often in the community, then the community may have a growing interest in pursuing those crimes.
For a Criminal Defense Attorney, a rising crime rate may signal the need to argue for different types of penalties. For example, if the prosecutor has consistently asked for jail for your charges, it may be beneficial for your attorney to use crime trends to show the prosecutor that there is a need for alternative jail sentences (such as rehab, probation, or other options). You should always talk to your criminal defense attorney to decide what the best strategy will be for your case and whether recent statistics can be used to help you.
Below you will find crime statistics for crimes similar to yours, occurring in Denver . You should also consider statistics for the County of Denver.
On a broader scale, you should consider the number of arrests for charges similar to yours and all of the types of crimes that a court typically sees. This broader overview of the criminal activity in your area will give you more insight into the issues that the court is dealing with and what the main problems in the community are. If you can talk about issues that are important to the judge and the community in a way that shows your awareness for those issues and your desire not to be part of the problem, then you can put yourself in a better negotiating position with the prosecutor and the judge.
|Murder and Non-Negligent Manslaughter||35|
|Motor Vehicle Theft||367|
|Forgery and Counterfeiting||110|
|Stolen Property; Buying, Receiving, Possessing||58|
|Weapons; Carrying, Possessing, etc.||217|
|Prostitution and Commercialized Vice||14|
|Sex Offense (except forcible rape and prostitution)||158|
|Drug Abuse Violations -Total||1570|
|Offenses Against the Family and Children||171|
|Driving Under the Influence||3|
|All Other Offenses (except traffic)||1169|
|Curfew and Loitering Law Violations||39|
|Violent Crime Index||1439|
|Property Crime Index||1933|
Population and Race in Denver Cases
Listed below is data dealing with the percentage of each racial group that appears in Denver and the percentage that the racial group appears in Court. When looking at racial data, you should compare your situation to the expectations that these statistics create in Denver .
For example, if your race is seen less frequently in the criminal justice system than it is seen outside the criminal justice system, this could have an effect on your case. Likewise, if your race is seen more often in the criminal justice system than it is seen outside the criminal justice system, this could have an effect on your case.
You should talk to your Denver CO Criminal Defense Attorney about how the racial trends in your county could effect your case. Racial trends can be used to your advantage depending on how citizens of Denver perceive race and the stereotypes of your community. It is important to have a discussion with your Denver CO Criminal Defense Attorney about how racial perceptions and stereotypes can help or hurt your case.
|Percentage of Race in the Population||68.9%||10.2%||1.4%||3.5%|
|Percentage of Crimes by Race||69.93%||28.4%||0.76%||0.92%|
When preparing your case for trial, you should be aware of the life experiences and educational background of your potential jurors. The way that your arguments are presented to the jury may depend on the life experiences and educational background of the jury. You should have a discussion with your Colorado Criminal Lawyer about the types of arguments that you should make in your county and the way that your evidence should be presented to make sure it reaches the jury in the best light possible.
|High School Graduates||College Graduates|
How Identity Theft in Denver is portrayed in the News
When you are preparing your case, it is always a good practice to know about recent news that is similar to your case. Recent news will inevitably have an influence on your jury. If your type of crime is being portrayed often, and in a negative light, this is an issue that will have to be overcome during jury selection. Likewise, if the crime is not being portrayed often, or is being portrayed in a positive light, you can use this to your advantage. Always talk to your criminal defense attorney about how recent news could effect your case.
Here is how your crime is currently being portrayed in the media. This information comes from Google News for Identity Theft in Denver Colorado.
- ID Watchdog Announces Updated Guidance for Fourth Quarter 2016 and First Quarter 2017 – Yahoo Finance
- Shelter from the storm – Boulder Weekly
- Identity Thieves Targeting More Gas Stations With 'Skimmers' – CBS Local
- The Body Language Files: How to Detect Fraud and Identity Theft – Huffington Post
- Mother of four fears deportation, declares sanctuary at Denver church – The Denver Post
In a criminal case, the Judge plays a monumental role in ensuring that you receive a fair trial. Judicial tendencies can have negative and positive impacts on your Colorado Criminal Case. In order to better understand judicial tendencies and inform the citizens of Colorado, the State of Colorado conducts surveys on each Judge to see how the population perceives its Judges. These surveys are available to the public. You should take the time to talk to your Colorado Criminal Lawyer about your judge in particular and how his tendencies have effected previous cases so that you can prepare your arguments accordingly.
If you are interested in seeing how your Judge performed in his or her last survey, click on your Judge from the list below.
Judges in Judicial DISTRICT 2
The Honorable Aleene Ortiz-White
The Honorable Alfred C. Harrell
The Honorable Andre L. Rudolph
The Honorable Andrew S. Armatas
The Honorable Anne Mansfield
The Honorable Claudia J. Jordan
The Honorable Doris E. Burd
The Honorable John M. Marcucci
The Honorable John Madden
The Honorable Larry J. Naves
The Honorable Martin F. Egelhoff
The Honorable Robert B. Crew
The Honorable Robert L. McGahey, Jr.
The Honorable Robert S. Hyatt
The Honorable Sheila Ann Rappaport
The Honorable Brian Whitney
The Honorable C. Jean Stewart
The Honorable David B. Woods
The Honorable Donna J. Schmalberger
The Honorable Edward D. Bronfin
The Honorable Herbert L. Stern, III
The Honorable Michael A. Martinez
The Honorable Norman D. Haglund
The Honorable William D. Robbins
The Honorable William W. Hood, III
The Honorable Brian T. Campbell
The Honorable Clarisse Gonzales
The Honorable James B. Breese
The Honorable Johnny C. Barajas
The Honorable Larry L. Bohning
The Honorable Mary Celeste
The Honorable Raymond Satter
Statute for 18 – 5 – 902 – Identity Theft
Before you decide whether you have a strong or weak case, you should also take the time to look at the language of the crime that you have been charged with.
18-5-902. Identity theft
(1) A person commits identity theft if he or she:
(a) Knowingly uses the personal identifying information, financial identifying information, or financial device of another without permission or lawful authority with the intent to obtain cash, credit, property, services, or any other thing of value or to make a financial payment;
(b) Knowingly possesses the personal identifying information, financial identifying information, or financial device of another without permission or lawful authority, with the intent to use or to aid or permit some other person to use such information or device to obtain cash, credit, property, services, or any other thing of value or to make a financial payment;
(c) With the intent to defraud, falsely makes, completes, alters, or utters a written instrument or financial device containing any personal identifying information or financial identifying information of another;
(d) Knowingly possesses the personal identifying information or financial identifying information of another without permission or lawful authority to use in applying for or completing an application for a financial device or other extension of credit;
(e) Knowingly uses or possesses the personal identifying information of another without permission or lawful authority with the intent to obtain a government-issued document; or
(f) (Deleted by amendment, L. 2009, (SB 09-093), ch. 326, p. 1737, § 1, effective July 1, 2009.)
(2) Identity theft is a class 4 felony.
(3) The court shall be required to sentence the defendant to the department of corrections for a term of at least the minimum of the presumptive range and may sentence the defendant to a maximum of twice the presumptive range if:
(a) The defendant is convicted of identity theft or of attempt, conspiracy, or solicitation to commit identity theft; and
(b) The defendant has a prior conviction for a violation of this part 9 or a prior conviction for an offense committed in any other state, the United States, or any other territory subject to the jurisdiction of the United States that would constitute a violation of this part 9 if committed in this state, or for attempt, conspiracy, or solicitation to commit a violation of this part 9 or for attempt, conspiracy, or solicitation to commit an offense in another jurisdiction that would constitute a violation of this part 9 if committed in this state.
When you look at the Statute, you may have questions about definitions of certain words or how the Denver Court will interpret certain phrases. To answer these questions, Defense Attorney turn to "case law." That is, lawyer’s look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.
Colorado Penalties for Identity Theft
The charge of Identity Theft, is categorized as a:
Click here to find out how much jail time is associated with this penalty.
Don’t Forget about Immigration:
If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.
The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.