Equity Skimming Of A Vehicle in Colorado

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Statute for 18 – 5 – 803 – Equity Skimming Of A Vehicle

StatuteHere is the charge you are facing:

18-5-803. Equity skimming of a vehicle

(1) A person commits equity skimming of a vehicle if, knowing the vehicle is subject to a security interest, lien, or lease, he accepts possession of or exercises any control over the vehicle in exchange for consideration given which may be verbal assurance or otherwise, and:

(a) Obtains or exercises control over the vehicle of another and then sells or leases the vehicle to a third party without first obtaining written authorization from the secured creditor, lessor, or lienholder for the transaction of the sale or lease to the third party, unless the entire balance of the security interest, lien, or lease is paid or satisfied within thirty days of said transaction; or

(b) Arranges the sale or lease of the vehicle of another to a third party without first obtaining written authorization from the secured creditor, lessor, or lienholder for the transaction of the sale or lease to the third party and exercises control over any part of the funds received, unless the entire balance of the security interest, lien, or lease is paid or satisfied within thirty days of said transaction; or

(c) Knowingly fails to ascertain on a monthly basis whether payments are due to the secured creditor, lienholder, or lessor and to apply all funds he receives for any lease or sale of the vehicle toward the satisfaction of any outstanding payment due to the secured creditor, lienholder, or lessor in a timely manner.

(2) Equity skimming of a vehicle is a class 6 felony.

Case Law

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 Equity Skimming Of A Vehicle

Penalties

The charge of Equity Skimming Of A Vehicle, is categorized as a:

F6

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 CO 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 CO 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 Equity Skimming Of A Vehicle below. These will be adapted by your Denver CO Attorney for your case.

The elements of the crime of equity skimming of a vehicle are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. knowing that the vehicle is subject to a security interest, lien or lease, (s)he accepted possession of or exercised any control over the vehicle in exchange for consideration given, which was verbal assurance or otherwise, and 4. obtained or exercised control over the vehicle of another and then sold or leased the vehicle to a third party without first obtaining written authorization from the secured creditor, lessor or lienholder for the transaction of the sale or lease to the third party, without the entire balance of the security interest, lien or lease being paid or satisfied within thirty days of the transaction, -orarranged the sale or lease of the vehicle of another to a third party without first obtaining written authorization from the secured creditor, lessor or lienholder for the transaction of the sale or lease to the third party and exercises control over any part of the funds received, when the entire balance of the security interest, lien or lease was not paid or satisfied within thirty days of the transaction, -orknowingly failed to ascertain on a monthly basis whether payments were due to the secured creditor, lienholder or lessor and apply all funds (s)he received for any lease or sale of the vehicle toward the satisfaction of any outstanding payment due to the secured creditor, lienholder or lessor in a timely manner. 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 equity skimming of a vehicle. 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 equity skimming of a vehicle. NOTES ON USE Delete inapplicable bracketed material. When applicable, the definitions of ?lease?, ?security interest? and ?vehicle? must be given with this instruction.

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 Equity Skimming Of A Vehicle.

Important Notes:

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.

Good Luck!

If you have specific questions or would like to speak with an attorney about your legal criminal defense needs, please call Mountain Legal in Denver Colorado at 303-586-1731 or email us at nbaca@mtnlegal.com

Written by

Nathaniel has worked in criminal law on both sides of the aisle spending time working for the prosecution as well as the defense. Most recently Nathaniel has represented individuals in violent felonies and drug cases. Prior to this work, Nathaniel handled DWIs, Domestic Violence Cases, Property Crimes, and White Collar Crimes. On the prosecutorial side, Nathaniel has most notably worked in Bosnia helping to prosecute individuals who committed war crimes and crimes against humanity in the Bosnian War from 1993-1995. In particular, Nathaniel helped in the prosecution of military leaders who arranged for the organized murders and rapes of innocent civilians in various towns in Bosnia. Nathaniel is a graduate of the University of Texas School of Law, Northwestern University, and Phillips Exeter Academy. Google Profile: Nathaniel Baca