Navigating Charges of Fraudulently Procuring Disaster Relief Funds
This page is designed to get rid of the clutter in handling Fraudulently Procuring Disaster Relief Funds, 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 Denver Colorado Criminal Defense Attorney to address your legal issues, call 303-586-1731.
- Understanding Your Case
- Crime Trends in Denver Colorado for Fraudulently Procuring Disaster Relief Funds
- Think like a Judge
- Statute for Fraudulently Procuring Disaster Relief Funds
- Penalties for Fraudulently Procuring Disaster Relief Funds
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 Denver Colorado Criminal Defense Attorney
- Talking to your Criminal 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 Denver Colorado Criminal 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 Denver Colorado Criminal 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 Fraudulently Procuring Disaster Relief Funds below. These will be adapted by your Denver Colorado Attorney for your case.
The elements of the crime of fraudulently procuring disaster relief funds are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. [with intent to defraud] [willfully] made a misstatement of fact in connection with an application for disaster relief, and 4. received disaster relief assistance to which [he] [she] was not entitled 5. [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 fraudulently procuring disaster relief funds. 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 fraudulently procuring disaster relief funds. NOTES ON USE Delete inapplicable bracketed material.
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 Denver Colorado Criminal 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 Fraudulently Procuring Disaster Relief Funds.
Consider Outside Factors that can Influence Your Case
Your Denver 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 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 Colorado 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 Colorado 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 Fraudulently Procuring Disaster Relief Funds 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 Fraudulently Procuring Disaster Relief Funds in Denver Colorado.
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- California Burgerz Fires Up the Grill in Hamtramck – Eater Detroit (blog)
- Sandy auditor let go after criticizing state – Albany Times Union
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 – 13 – 114 – Fraudulently Procuring Disaster Relief Funds
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.
18-13-114. Sale of secondhand property – record – inspection – crime
(1) Every secondhand dealer, as defined in subsection (5) of this section, shall make a record, as provided in subsection (2) of this section, of each sale or trade of secondhand property made by him, his agent, or any person acting on his behalf, which sale or trade equals or exceeds thirty dollars in value for each item. Such record shall be made available to any peace officer for inspection at any reasonable time. The secondhand dealer shall mail or deliver the record of the sale or trade to the local law enforcement agency within three days of the date of such sale or trade. The secondhand dealer shall keep a copy of the record of the sale or trade for at least one year after the date of the sale or trade.
(2) The record required by this section shall be made in writing on forms designed by the Colorado bureau of investigation or a reasonable facsimile thereof as provided in subsection (3) or (4) of this section and shall consist of the following:
(a) The name, address, and date of birth of the seller or trader;
(b) The date, time, and place of the sale or trade;
(c) An accurate and detailed account and description of the item sold or traded, including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item;
(d) The identification number from any of the following forms of identification of the seller or trader:
(I) A valid Colorado driver’s license;
(II) An identification card issued in accordance with section 42-2-302, C.R.S.;
(III) A valid driver’s license, containing a picture, issued by another state;
(IV) A military identification card;
(V) A valid passport;
(VI) An alien registration card; or
(VII) A nonpicture identification document issued by a state or federal government entity;
(e) The signature of the seller or trader;
(f) A declaration by the secondhand dealer that he is the rightful owner of the secondhand property and a description of how he obtained the property, including the serial number of such property if available or a copy of the bill of sale of such property; and
(g) A declaration by the secondhand dealer that he has knowledge of the requirement that he mail or deliver a record of the sale or trade to the local law enforcement agency, as required by subsection (1) of this section.
(3) Any city, municipality, city and county, or county which regulates secondhand dealers and assesses a fee as provided in section 18-13-118 shall print and provide the forms for reporting required pursuant to subsection (2) of this section.
(4) In cities, municipalities, city and counties, and counties which do not license secondhand dealers and assess a fee as provided in section 18-13-118, the secondhand dealer shall report all the information required pursuant to subsection (2) of this section in a form acceptable to the local law enforcement agency.
(5) As used in this section and sections 18-13-115 to 18-13-118, unless the context otherwise requires:
(a) “Local law enforcement agency” means any marshal’s office, police department, or sheriff’s office with jurisdiction in the locality in which the sale or trade occurs.
(b) “Peace officer” means any undersheriff, deputy sheriff other than one appointed with authority only to receive and serve summons and civil process, police officer, Colorado state patrol officer, town marshal, or investigator for a district attorney or the attorney general who is engaged in full-time employment by the state, a city, city and county, town, judicial district, or county within this state.
(c) “Secondhand dealer” means any person whose principal business is that of engaging in selling or trading secondhand property. The term also includes the following: Any person whose principal business is not that of engaging in selling or trading secondhand property but who sells or trades secondhand property through means commonly known as flea markets or any similar facilities in which secondhand property is offered for sale or trade; any person who sells or trades secondhand property from a nonpermanent location; and any person who purchases for resale any secondhand property which carries a manufacturer or serial number. The term does not include:
(I) A person selling or trading secondhand property so long as such property was not originally purchased for resale and so long as such person does not sell or trade secondhand property more than five weekend periods in any one calendar year, as verified by a declaration to be prepared by the seller. For the purposes of this subparagraph (I), “weekend period” means Friday through the immediately following Monday.
(II) A person who is a retailer as defined in section 39-26-102 (8), C.R.S., or a wholesaler as defined in section 39-26-102 (18), C.R.S., and who is selling or trading secondhand property in a location which is a permanent storefront location, unless such property carries a manufacturer or serial number;
(III) A person or organization selling or trading secondhand property at an exhibition or show which is intended to display and advertise a particular commodity or class of products, including, but not limited to, antique exhibitions, firearm exhibitions, home and garden shows, and recreational vehicle shows;
(IV) A person or organization which is charitable, nonprofit, recreational, fraternal, or political in nature or which is exempt from taxation pursuant to section 501 (c) (3) of the federal “Internal Revenue Code of 1986”, as amended;
(V) A person selling or trading firewood, Christmas trees, plants, food products, agricultural products, fungible goods, pets, livestock, or arts and crafts, excluding jewelry and items crafted of gold or silver, if sold or traded by the artist or craftsman, his immediate family, or regular employees;
(VI) A person who sells new goods exclusively, is in the business of selling such goods, is in all respects a retailer of such goods, and holds a retail license and a sales tax license in the city, county, or city and county in which the sale occurs;
(VII) An antique dealer who sells antiques, has a retail license and sales tax license in the city, county, or city and county in which the sale occurs, and sells such antiques from a permanent storefront location.
(d) “Secondhand property” means the following items of tangible personal property sold or traded by a secondhand dealer:
(I) Cameras, camera lenses, slide or movie projectors, projector screens, flashguns, enlargers, tripods, binoculars, telescopes, and microscopes;
(II) Televisions, phonographs, tape recorders, video recorders, radios, tuners, speakers, turntables, amplifiers, record changers, citizens’ band broadcasting units and receivers, and video games;
(III) Skis, ski poles, ski boots, ski bindings, golf clubs, guns, jewelry, coins, luggage, boots, and furs;
(IV) Typewriters, adding machines, calculators, computers, portable air conditioners, cash registers, copying machines, dictating machines, automatic telephone answering machines, and sewing machines;
(V) Bicycles, bicycle frames, bicycle derailleur assemblies, bicycle hand brake assemblies, and other bicycle components; and
(VI) Any item of tangible personal property which is marked with a serial or identification number and the selling price of which is thirty dollars or more, except motor vehicles, off-highway vehicles as defined in section 42-1-102 (63), C.R.S., snowmobiles, ranges, stoves, dishwashers, refrigerators, garbage disposals, boats, airplanes, clothes washers, clothes driers, freezers, mobile homes, and nonprecious scrap metal.
(6) (a) Any secondhand dealer who violates any of the provisions of subsection (1) or (2) of this section commits a class 1 misdemeanor. Upon a second or subsequent conviction for a violation of subsection (1) or (2) of this section within three years of the date of a prior conviction, a secondhand dealer commits a class 5 felony.
(b) Any buyer or person who trades with a secondhand dealer or any secondhand dealer who knowingly gives false information with respect to the information required by subsection (2) of this section commits a class 1 misdemeanor.
(7) (a) Local law enforcement agencies who print and provide forms as designed by the Colorado bureau of investigation for recording the information required by subsection (2) of this section may charge a reasonable fee for each form to defray the cost of providing such form.
(b) Each local law enforcement agency may establish rules or policies requiring that secondhand dealers provide it with copies of such records. The local law enforcement agency may set forth how often such copies shall be provided to it. Each local law enforcement agency shall forward copies of records received by it to the law enforcement agency having jurisdiction in the area in which the buyer or trader resides.
(8) In the case of flea markets and similar facilities in which secondhand property is offered for sale or trade, the operator thereof shall inform each secondhand dealer of the requirements of this section and shall provide the forms for recording the information required by subsection (2) of this section. Any person who violates the provisions of this subsection (8) commits a class 3 misdemeanor.
(9) In the case of flea markets and similar facilities in which secondhand property is offered for sale or trade, the operator thereof shall record the name and address of each secondhand dealer operating at the flea market or similar facility and the identification number of such dealer as obtained from any of the forms of identification enumerated in paragraph (d) of subsection (2) of this section. Such record shall be mailed or delivered by the operator to the local law enforcement agency within three days of the date the secondhand dealer offered secondhand property for sale or trade at the flea market or similar facility. A copy of such record shall be retained by the operator for at least one year after the date the secondhand dealer offered secondhand property for sale or trade at the flea market or similar facility.
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, Criminal 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 Fraudulently Procuring Disaster Relief Funds
The charge of Fraudulently Procuring Disaster Relief Funds, 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.