Statute for 18 – 5 – 707 – Unlawful Manufacture Of A Financial Transaction Device
Here is the charge you are facing:
18-5-707. Unlawful manufacture of a financial transaction device
(1) A person commits unlawful manufacture of a financial transaction device if, with intent to defraud, he:
(a) Falsely makes or manufactures, by printing, embossing, or magnetically encoding, a financial transaction device; or
(b) Falsely alters or adds uniform product codes, optical characters, or holographic images to a device which is or purports to be, or which is calculated to become or to represent if completed, a financial transaction device; or
(c) Falsely completes a financial transaction device by adding to an incomplete device to make it a complete one.
(2) As used in this section, unless the context otherwise requires:
(a) To “falsely alter” a financial transaction device means to change such 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 such 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 issuer.
(b) To “falsely complete” a financial transaction device means to transform an incomplete 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 device falsely appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible issuer.
(c) To “falsely make” a financial transaction device means to make or manufacture a device, whether complete or incomplete, which purports to be an authentic creation of its ostensible issuer, but which is not, either because the ostensible issuer is fictitious or because, if real, he did not authorize the making or the manufacturing thereof.
(3) Unlawful manufacture of a financial transaction device is a class 5 felony.
When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases. To answer these questions, Defense Attorney turn to "case law." That is, lawyers 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 Unlawful Manufacture Of A Financial Transaction Device
The charge of Unlawful Manufacture Of A Financial Transaction Device, is categorized as a:
Click here to find out how much jail time is associated with this penalty.
How to Use This Information
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 involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). 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 will be crafted by your attorney and the prosecutor. 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 Unlawful Manufacture Of A Financial Transaction Device below. These will be adapted by your Colorado Attorney for your case.
The elements of the crime of unlawful manufacture of a financial transaction device are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. with intent to defraud, 4. [falsely made or manufactured a financial transaction device by [printing] [embossing] [magnetically encoding] -or- 4. [falsely altered or added [uniform product codes] [optical characters] [holographic images] 5. which [were] [was] [purported to be] [calculated to become] [represented as] a financial transaction device. -or- 4. [falsely completed a financial transaction device by adding to an incomplete device to make it a complete one]. [5., 6. without the affirmative defense in instruction no. _____ .] 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 unlawful manufacture of a financial transaction device. 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 unlawful manufacture of a financial transaction device. NOTES ON USE Delete inapplicable bracketed material. When this instruction is given, the definitions of ?financial transaction device,? ?falsely make,? ?falsely alter?, ?falsely complete? and ?with intent? must be given.
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 CO 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 Unlawful Manufacture Of A Financial Transaction Device.
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.