Sometimes, we get in trouble for the dumbest things! This story is definitely a case of that. A man was driving his young daughter to school when he was pulled over for a broken taillight. The officer ran his id and found that there was a 14-year-old warrant for his arrest. When the disbelieving man asked what the warrant was for, the officer told him it was for never returning a movie rental. Luckily, the police officer allowed the man to complete his errand and take his child to school before coming into the police station to take care of the warrant. The man assumed he would have to pay a fine and could move on, but no. He was arrested at the station and had to bond himself out for a Theft related charge. Seriously?!? He got arrested for not returning the VHS movie Freddy Got Fingered?
Larimer County Theft Attorney | How is Not Returning a Movie Theft?
The Colorado law definition of Theft – C.R.S. 18-4-401 – is:
(a) Intends to deprive the other person permanently of the use or benefit of the thing of value;
(b) Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit;
(c) Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit;
(d) Demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the other person; or
(e) Knowingly retains the thing of value more than seventy-two hours after the agreed-upon time of return in any lease or hire agreement.
Part (e) of the Theft statute is what would apply to the man’s movie situation. Technically, it can be considered Theft to keep something you borrowed for longer than the agreed upon borrowing time. Now, in most situations, the people that own the item (i.e. the movie rental store) would just charge the renter the full price for the item with a potential added penalty. I just can’t wrap my head around the idea that this man will have a criminal record for not returning a movie. Imagine if the library filed a police report every time a patron did not return a library book on time. In old cases like this, the best defense can be taking the case to trial. The DA would have a very difficult time locating records and employees from 14 years ago. Likely, the company went out of business years ago. Your criminal defense lawyer can tell you the best strategy.
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Fort Collins Theft Penalty
In Fort Collins, Loveland, and Estes Park, Theft can be charged as a felony, misdemeanor, or petty offense based on the value of the items taken. For the man in the story above, he would probably be facing a petty offense charge, seeing as the value of the movie was probably not more than $50. However, if they added in the fees and damages, he could be facing a class 3 misdemeanor:
| Class 1 Petty Offense Theft | Class 3 Misdemeanor Theft | Class 2 Misdemeanor Theft | Class 1 Misdemeanor Theft | |
| Item Value or Price Range | Less than $50 | $50 to $299 | $300 to $749 | $750 to $1,999 |
| Maximum Penalty | *$500 fine
*6 months in Larimer County Jail |
*$750 fine
*6 months in Boulder County Jail |
*$1,000 fine
*12 months jail in Routt County Jail |
*$5,000
*18 months in Jackson County Jail |
Now, this upstanding gentleman is looking at having a criminal conviction of Theft on his record for a stupid movie rental. It blows my mind that someone’s life could be changed and someone’s future in jeopardy over a ridiculous misunderstanding. I wonder how many people reading this are feeling lucky that the rental movie or library book they lost or forgot to return didn’t land them in jail. My best advice when facing a ridiculous charge like this is to come in for a free consultation and we can sort it out together.