Leaving Evidence Behind
We’ve all done it; left a bank or credit card somewhere, panicked, and quickly retraced your steps to find it. Well, for this man in Fort Collins, retracing his steps wasn’t really an option.
A few weeks ago, Fort Collins Police reported two of their marked patrol cars were broken into and a pair of assault rifles were taken. It didn’t take much police work to figure out who did it. The accused, in what I’m assuming was an accident, left his bankcard sitting on the front seat of the second vehicle. He planted his own evidence.
Police were able to locate his cell phone in the Denver area. He was arrested the next day during a traffic stop in Arapahoe County, but neither rifle has been recovered. He is being charged with trespass, illegal possession of weapons and theft of items totaling $2,000 to $5,000. Let’s look at each of these charges and how they apply to this situation.
Why Trespass | Trespassing in Fort Collins?
Trespass / Trespassing – C.R.S. 18-4-502 – is charged in Colorado when someone entered or remained on someone else’s property without their permission. There are 3 degrees of Trespass / Trespassing. In this case, the man will probably be charged with First Degree Trespass / Trespassing. There are two elements to First Degree Trespassing:
- you unlawfully enter the premises of someone else without permission (in this case, the police car)
- with the intent to commit a crime (in this case, a theft)
Why Illegal Possession of Weapons?
The weapon crime the man above could be charged with is Possession of Weapons by a Previous Offender – C.R.S. 18-12-108. In Colorado, it is illegal for anyone with a felony conviction to possess, use or carry a firearm or any weapon. Because this man has felony convictions in both Colorado and Texas, his possession of any guns would be illegal.
[pullquote align=”center” textalign=”center” width=”100%”]District Attorneys like to over charge and stack the deck against you.[/pullquote]Why Theft in Larimer County?
Obviously, Theft – C.R.S. 18-4-401 – is charged when something of value is stolen. For this man, he is being charged with Theft as a Class 6 felony. The felony level is based on the value of the item taken. Since the guns totaled $2,000 to $5,000, Colorado law deemed it a class 6 felony.
Why You Need a Fort Collins Lawyer When Facing Multiple Charges
If you are facing multiple charges like the man above, it is important you have an experienced attorney to defend you. District Attorneys like to over charge and stack the deck against you. You need someone you trust to protect your future and get you the best outcome for your case.