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  • By: The Zorrilla Law Firm
A person holds a transparent digital card with a profile icon and personal data, symbolizing identity

In this article, you can discover…

  • How identity theft is defined and understood in Colorado.
  • What to do if you are accused of identity theft.
  • How an attorney can help you challenge accusations of identity theft.

What Does Identity Theft Mean In Colorado, And What Forms Does It Take?

Identity theft is committed in Colorado when someone’s personal identifying information, financial identifying information, or financial device is used without their lawful permission or authority and with the intent to obtain cash, credit, property, services, or things of value.

While many people associate identity theft with the theft and misuse of a Social Security number, it can also be committed when someone uses a stolen credit card to make purchases, writes a fake check, or uses someone else’s driver’s license to obtain something.

If I Am Accused Of Identity Theft In Colorado, What Steps Should I Immediately Take?

If you are accused of identity theft, the most important thing you can do is to invoke your right to remain silent and consult with a criminal defense attorney who has knowledge of identity theft laws in Colorado.

Many people assume that if they cooperate with law enforcement and answer the police’s questions, things will go better for them. However, identity theft laws are very complex, and it’s easy to say something to the police that incriminates you accidentally. Be sure to consult with a lawyer before speaking with the police, and also avoid discussing your case with friends or family.

Even casual statements made to loved ones can be used against you during an investigation or at trial, so it’s best to remain silent and seek out an experienced and capable lawyer.

What Happens If The Victim Of Identity Theft Is A Family Member Or A Close Friend Of Mine?

It is common for misunderstandings to occur between family members, and accusations of identity theft can happen as a result. For example, perhaps someone initially gave you permission to use their credit card. Later, a family disagreement arises, the cardholder revokes the permission, and accuses you of using their card illegally.

If you are accused of identity theft by a friend or family member, do not engage with that person unless you have an attorney with you. Your attempts to clarify matters could unintentionally violate a protection order or may be construed as witness intimidation.

Make sure you have a criminal defense attorney with you to explain the law, help you avoid further legal trouble, and communicate on your behalf with family and friends. Your lawyer’s efforts can be helpful in getting to the bottom of the misunderstanding and clarifying the victim’s goals, ideally resulting in a positive resolution and possibly a dismissal of the charges you face.

What Should I Expect During The Colorado Identity Theft Investigation Process?

It’s very common during the initial stages of the investigation for a detective to reach out to the suspect for an interview. They’ll present themselves as friendly and unbiased, saying they just want to hear your side of the story. But the detective isn’t there to clear your name; they’re there to get you to say or admit something that could make you sound guilty.

This is why it’s crucial to have a lawyer who has a strong understanding of Colorado’s identity theft laws with you during these interviews. Your lawyer can advise you, ensure your rights are protected, and speak on your behalf to clarify the matter.

Behind the scenes of an investigation, it’s likely that bank records will be collected, other witnesses will be interviewed, and family members will be spoken to before charges are even filed.

Notes From The Field : Helping A Client Falsely Accused Of Identity Theft

We once handled a case where a bank account was shared between a couple. They also shared a business together and ultimately went their separate ways. When the situation between them became sour, the woman claimed that her former partner no longer had her permission to withdraw money from her account and accused him of identity theft when he accessed those funds.

We were able to investigate, interview witnesses, and clarify the situation. We demonstrated that our client was withdrawing money from a shared business account and that he had been given a card with her permission.

This is why it is crucial to have an experienced defense attorney help you when facing identity theft charges. We can help uncover the background of these charges and even help prove to a District Attorney that the case against you won’t stand up in court, ideally leading to your charges being dropped.

Still Have Questions? Ready To Get Started?

For more information on identity theft in Colorado, an initial consultation is your next best step. Obtain the information and legal answers you’re seeking by calling (562) 715-3786 today.

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