Statute for 18 – 5 – 301 – Fraud In Effecting Sales
Here is the charge you are facing:
18-5-301. Fraud in effecting sales
(1) A person commits a class 2 misdemeanor if, in the course of business, he knowingly:
(a) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or
(b) Sells, offers, or exposes for sale or delivers less than the represented quantity of any commodity or service; or
(c) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or
(d) Sells, offers, or exposes for sale an adulterated or mislabeled commodity. “Adulterated” means varying from the standard of composition or quality prescribed by or pursuant to any statute of the state of Colorado or the United States providing criminal penalties for such variance, or set by established commercial usage. “Mislabeled” means varying from the standard of truth or disclosure in labeling prescribed or pursuant to any statute of the state of Colorado or the United States providing criminal penalties for such variance, or set by established commercial usage; or
(e) Makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof for the purpose of promoting the purchase or sale of property or services.
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, Criminal 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 Fraud In Effecting Sales
The charge of Fraud In Effecting Sales, 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 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 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 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 Fraud In Effecting Sales below. These will be adapted by your Denver Colorado Attorney for your case.
The elements of the crime of fraud in effecting sales are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. in the course of business, 4. knowingly, 5. [used, or possessed for use, any false weight or measure, or any other device for falsely determining or recording any quality or quantity] [sold, offered, or exposed for sale, or delivered less than the represented quantity of any commodity or service] [took or attempted to take more than the represented quantity of any commodity or service when, as the buyer, furnished the weight or measure] [sold, offered, or exposed for sale an adulterated or mislabeled commodity] [made a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof for the purpose of promoting the purchase or sale of property or services]. 6. [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 fraud in effecting sales. After considering all the evidence, if you decide the prosecution has failed to prove each of the elements beyond a reasonable doubt, you should find the defendant not guilty of fraud in effecting sales. NOTES ON USE Delete inapplicable bracketed material. The definition of ? ?knowingly? should be given with this instruction. When this instruction is used, the applicable definitions of “adulterated” and “mislabeled” 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 Denver CO 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 Fraud In Effecting Sales.
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.