Shoplifting and Theft Charges in Denver: How to Protect Your Rights

Being charged with shoplifting or theft in Denver can have serious consequences, including fines, jail time, and a permanent criminal record. Whether you made an honest mistake, were falsely accused, or are facing legal trouble due to difficult circumstances, you have rights that must be protected. Understanding Colorado's theft laws and knowing how to navigate the legal process can help you build a strong defense. If you or a loved one is facing theft charges, consulting an experienced Denver criminal lawyer https://jbakerlawgroup.com/denver-criminal-lawyer/ is crucial.

Understanding Theft and Shoplifting Laws in Colorado

In Colorado, theft is defined under C.R.S. 18-4-401, which states that a person commits theft when they knowingly obtain, retain, or exercise control over someone else's property without permission, with the intent to deprive the rightful owner of its use or benefit.
Shoplifting, a form of theft, typically involves taking merchandise from a store without paying for it or attempting to fraudulently obtain a lower price (such as switching price tags). Colorado law categorizes theft charges based on the value of the stolen property:
Petty Theft (Under $300): Classified as a petty offense, punishable by fines and potential jail time.
Misdemeanor Theft ($300-$2,000): Considered a misdemeanor with penalties ranging from up to 364 days in jail and fines up to $1,000.
Felony Theft ($2,000+): A felony charge that carries the risk of substantial fines and potential prison time, with penalties increasing for higher-value thefts.
Retail stores in Denver often have strict anti-shoplifting policies, and many use security cameras and loss prevention officers to monitor shoppers. Even if you have not exited the store, you can still be accused of shoplifting if authorities believe you attempted to steal merchandise.

What Happens If You Are Accused of Shoplifting?

If you are caught allegedly shoplifting in a store, you may be detained by store security until law enforcement arrives. However, security personnel are not allowed to use excessive force or unlawfully detain you. Once police are involved, they may issue a citation with a court date or, in more serious cases, make an arrest.
The prosecution must prove beyond a reasonable doubt that you intended to steal the item(s). Many people are falsely accused due to misunderstandings, such as forgetting to scan an item at self-checkout, accidentally leaving a store without paying, or being wrongly identified by store security. No matter the circumstances, you should exercise your legal rights when interacting with police or store security.

How to Protect Your Rights If You Are Facing Theft Charges

1. Remain Silent and Avoid Self-Incrimination

Anything you say can be used against you in court. If you are accused of theft or shoplifting, it's best to remain calm and politely decline to answer questions until you consult with a Denver criminal lawyer. Avoid making excuses, admitting fault, or signing any documents presented by store security.

2. Do Not Resist Detainment or Arrest

If store security or police detain you, do not physically resist. Resisting can lead to additional charges, such as obstruction or resisting arrest. Instead, comply with lawful instructions and request an attorney as soon as possible.

3. Contact a Denver Criminal Lawyer Immediately

An experienced criminal defense attorney can assess your case, gather evidence, and develop a defense strategy. Depending on the circumstances, a lawyer may be able to:
Challenge evidence presented by the prosecution.
Negotiate for reduced charges or dismissal.
Work toward alternative sentencing options, such as diversion programs.

4. Understand Potential Defenses

A strong legal defense depends on the facts of your case. Some common defenses against theft and shoplifting charges include:
Lack of Intent: If you accidentally left a store without paying or mistakenly believed an item was yours, this could serve as a valid defense.
Mistaken Identity: If there is weak or unclear surveillance footage, you may have been wrongly identified.
Unlawful Search and Seizure: If law enforcement or store security conducted an illegal search without probable cause, evidence against you may be inadmissible.
Coercion or Duress: If someone forced or pressured you to commit theft, you may have a legal defense against the charges.

5. Know the Consequences of a Conviction

A shoplifting or theft conviction in Denver can impact more than just your criminal record. It may affect employment opportunities, immigration status, and your ability to rent housing. Additionally, convicted shoplifters may face civil penalties, including being sued by the retailer for damages.
For first-time offenders, Colorado offers diversion programs that can help avoid a permanent conviction. These programs may require community service, theft prevention courses, or restitution to the store. Successfully completing a diversion program can lead to charges being dismissed.

Why You Need a Skilled Denver Criminal Lawyer

Navigating a theft case without legal representation can be overwhelming. A knowledgeable Denver criminal lawyer understands Colorado's legal system and can fight for the best possible outcome in your case. Whether you need help disputing a charge, negotiating a plea deal, or seeking case dismissal, having an attorney on your side can make all the difference.

Contact a Denver Criminal Lawyer Today

If you or a loved one has been accused of shoplifting or theft in Denver, don't face the legal system alone. Baker Law Group is committed to protecting your rights and providing the strong defense you deserve. Our legal team has extensive experience handling theft cases and will work diligently to achieve the best possible outcome for you.

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