Identity theft is a serious crime that can impact every part of your life. From your personal relationships to your career and financial future, a single accusation can leave lasting damage. Whether you're facing false allegations or misunderstandings that led to criminal charges, it's important to understand what you're up against and what steps you can take.
In Colorado, identity theft is treated as a felony offense with severe consequences. It's critical to take the right approach from the very beginning. At The Leier Law Office LLC, in Fort Collins, Colorado, we provide dedicated criminal defense representation to individuals facing identity theft charges and work tirelessly to protect their rights and future.
Identity Theft in Colorado
Before diving into defense strategies, it's important to understand what identity theft means under Colorado law.
(1) A person commits identity theft if he or she:
(a) Knowingly uses the personal identifying information, financial identifying information, or financial device of another without permission or lawful authority with the intent to obtain cash, credit, property, services, or any other thing of value or to make a financial payment;
(b) Knowingly possesses the personal identifying information, financial identifying information, or financial device of another without permission or lawful authority, with the intent to use or to aid or permit some other person to use such information or device to obtain cash, credit, property, services, or any other thing of value or to make a financial payment;
(c) With the intent to defraud, falsely makes, completes, alters, or utters a written instrument or financial device containing any personal identifying information or financial identifying information of another;
(d) Knowingly possesses the personal identifying information or financial identifying information of another without permission or lawful authority to use in applying for or completing an application for a financial device or other extension of credit; or
(e) Knowingly uses or possesses the personal identifying information of another without permission or lawful authority with the intent to obtain a government-issued document.
Some examples of identity theft include:
Using someone else’s credit card information to make purchases
Opening a loan or utility account using another person’s name
Possessing fake IDs or using a stolen Social Security Number
Filing fraudulent tax returns under another person’s identity
In Colorado, identity theft is charged under C.R.S. 18-5-902. It's often accompanied by related charges, such as forgery, criminal impersonation, or computer crime. If convicted, you could face years in prison, significant fines, and a permanent criminal record.
Initial Steps to Take If You're Accused
If you learn you're being accused of identity theft, your first response is key. Avoid talking to law enforcement or investigators without legal representation. Anything you say can be used against you.
Important first steps include:
Contacting a criminal defense attorney immediately
Refusing to speak with police or investigators without your attorney
Gathering any documentation that supports your innocence
Making a list of possible witnesses or people who can vouch for your whereabouts
Early legal advice can make a big difference in how your case develops. A criminal defense lawyer can help protect your rights and build a strong foundation for your defense.
Transitioning from Accusation to Defense Strategy
Once you've secured a criminal defense attorney, the next step is building a defense strategy tailored to your situation. Every identity theft case is different, and your attorney will need to review all the facts before deciding how to proceed. From challenging the prosecution's evidence to showing you were a victim of mistaken identity, several paths might apply.
Common Defenses Against Identity Theft Charges
Your defense will depend on the specifics of the case, but here are some common strategies used in Colorado courts:
Lack of intent: Prosecutors must show that you knowingly and intentionally used someone else’s information. If there was a misunderstanding or mistake, that could work in your favor.
Consent from the alleged victim: If you had permission to use the other person's information, you may not have committed identity theft.
Mistaken identity: In some cases, people are wrongly accused because someone else used their devices, accounts, or location.
Insufficient evidence: The burden of proof is on the prosecution. If they can't prove you committed the crime beyond a reasonable doubt, the charges may not hold up.
You were a victim too: Sometimes, people accused of identity theft are actually victims of fraud themselves and got caught up in a larger scheme.
Your criminal defense attorney will help you decide which of these (or other) strategies applies to your case and how to present it effectively.
Digital Evidence in Identity Theft Cases
Identity theft often involves digital records—emails, transaction logs, IP addresses, device data, and more. Prosecutors may rely on this evidence to build their case.
Ways digital evidence can be challenged:
Chain of custody: Your attorney can question whether the digital evidence was collected and handled properly.
Authentication issues: It's not always easy to prove who was using a device or account at a specific time.
Alternative explanations: If someone else had access to your devices, that could introduce doubt.
Errors or misinterpretations: Tech-based evidence isn't always accurate or conclusive.
A knowledgeable criminal defense attorney will know how to review digital evidence and work with forensic professionals if needed. For more information on digital evidence, contact our Attorney Kent J. Leier.
Transitioning Toward Trial or Resolution
Not every identity theft case ends up going to trial. Depending on the strength of the evidence and the circumstances, your attorney may recommend different options such as negotiating a plea deal, seeking a diversion program, or pushing for a dismissal.
Whatever path you take, your legal group will help prepare you for what's next.
Possible Outcomes in Identity Theft Cases
The outcome of your case will depend on several factors, including the evidence, your criminal history, and the defense strategy used.
Possible outcomes include:
Dismissal of charges: If the prosecution lacks evidence or the defense is strong.
Reduction of charges: Sometimes charges are reduced to a lesser offense as part of a plea agreement.
Diversion program: In some cases, first-time offenders may qualify for programs that lead to charges being dropped after completion.
Trial verdict: If your case goes to trial, a judge or jury will decide whether you're guilty or not guilty.
Sentencing: If convicted, the sentence can range from probation to 6 years in prison, depending on the severity of the case.
A criminal defense attorney will help pursue the most favorable outcome possible.
Long-Term Effects and Record Sealing
Even if you're acquitted or the charges are dropped, an identity theft accusation can still affect your reputation, employment prospects, and personal life. Colorado law does allow for record sealing in some circumstances, which can help limit public access to your arrest and court records.
Points to keep in mind:
Record sealing Is not always automatic
Eligibility depends on how your case was resolved
A criminal defense attorney can help with the process and improve your chances
Sealing your record can give you a fresh start and reduce long-term damage.
What You Should Avoid During an Investigation
It's easy to make mistakes when you're under stress or unsure of what to do. There are a few things you should avoid if you're being investigated for identity theft:
Talking to the police without a lawyer: You might think you can explain everything, but it could hurt your case.
Posting on social media about the case: Anything you share online can be used against you.
Contacting the alleged victim: This can be seen as intimidation or tampering.
Ignoring legal notices or missing court dates: This can lead to additional charges or a warrant for your arrest.
Your criminal defense lawyer can guide you on what to do and what not to do throughout the process.
Reach Out Today
Being accused of identity theft can be overwhelming, but you're not powerless. The right legal strategy and a skilled criminal defense attorney can make a difference in how your case plays out. By taking immediate action, staying informed, and working closely with your attorney, you can protect your rights and your future. We’re proud to serve Fort Collins, Colorado, and the surrounding areas of Loveland, Greeley, Windsor, and Evans. Contact us today for more information.
