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- Concealment of Goods 18-4-406 and Questioning of Persons Suspected of Theft 18-4-407
- Colorado Theft Crimes – How Can The State Prove The Value Of What Was Stolen? Evidence Of Value 18-4-414
- Transactions for Profit in Stolen Goods 18-4-411
- How To Defend A Colorado Criminal Theft Charge – Tactics And Common Sense
- Colorado Shoplifting Laws And Common Defenses To Colorado Shoplifting Crimes Part I of II
- Colorado Shoplifting Laws And Common Defenses To Colorado Shoplifting Crimes Part II of II
- Colorado Basic -Theft Charges
- Theft – Detection Devices 18-4-417
- Understanding The Colorado Laws Of Embezzlement, Theft and Larceny Part I of II
- Understanding The Colorado Laws Of Embezzlement, Theft and Larceny Part II of II
- Understanding Colorado Criminal Fraud and Forgery Laws 18-5-102
- Colorado Criminal Theft Laws – Understanding The Nature Of Embezzlement Crimes
- Is Shoplifting The Same As Theft Under Colorado Criminal Law?
- Colorado Shoplifting Law – How Far Can The Store Go To Make An Arrest?
- Understanding The Colorado Identity Theft Law |18-5-902
- A Guide To The Crimes Of Theft Under Colorado Law
- Obtaining Control Over Any Stolen Thing of Value 18-4-404 and Theft By Receiving Stolen Property
- Colorado Theft Crimes 18-4-401
- Theft of Rental Property 18-4-402 (1)
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- Criminal Possession of an Identification Document 18-5-903.5
- Gathering Identity Information by Deception 18-5-904
- Possession of Identity Theft Tools 18-5-905
- Colorado Identity Theft Law 18-5-902 – A Colorado Criminal Defense Lawyer To Represent You
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- Colorado Criminal Law – Understanding The Power Of District Attorneys and Prosecutors To Bring Charges – Pre-Filing Representation
- Understanding Colorado Theft Crimes Against At Risk Adults And Juveniles – 18-6.5-103
- Mandatory Sentencing To Jail – Prison For Repeat Convictions For Felony Theft – 18-4-413
- Colorado At Risk Sentencing Enhancers – When The Alleged Victim Has Special Victim Status Under Colorado Criminal Law
- A Denver Colorado Criminal Lawyer Warns – NEVER Agree To Speak To The Police – But If You Do…
- Objecting To DA’s Use Of Computer Simulations – Animations – Colorado Criminal Law Series
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- Colorado Criminal Law – Restitution Orders Can Exceed Actual Amount Of The Crime Charged
- “I Am In Prison And I Have A Second Case” – The Colorado The Uniform Mandatory Disposition of Detainers Act (“UMDDA”)
- Colorado Criminal Theft Law – A Civil Suit For Theft 18-4-405- Treble Damages – The Other Shoe Drops
- Shocker – Colorado Police Can Legally Lie To You – Colorado Criminal Law
- Colorado Criminal Law – Understanding Kleptomania – The Compulsion To Steal
- Colorado Criminal Theft Law – How Do They Prove Value?
- Colorado Theft – Statute Of Limitations Starts At “Discovery Of The Crime” – 16–5–401 And 18-4-401.
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Concealment of Goods 18-4-406 and Questioning of Persons Suspected of Theft 18-4-407
By Colorado Theft Crimes Criminal Defense Lawyer – H. Michael Steinberg
Concealment of Goods 18-4-406 land Questioning of Persons Suspected of Theft 18-4-407 are two of several theft based evidence based laws that are intended to aid in the prosecution of theft crimes – especially shoplifting. Hiding goods from view is evidence – without more -of the intent to commit a theft under this law. The questioning of suspected shoplifters under these circumstances is protected under the law.
Concealment of Goods 18-4-406 and Questioning of Persons Suspected of Theft 18-4-407
Here is the Law:
§ 18-4-406. Concealment of goods
If any person willfully conceals unpurchased goods, wares, or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on his own person or otherwise and whether on or off the premises of said store or mercantile establishment, such concealment constitutes prima facie evidence that the person intended to commit the crime of theft.
What Does The Law Mean? What Does Prima Facie Mean?
This law is used in court to establish that someone who puts an unpruchased item in their purse, pocket, in another package – or in any way conceals the merchandise is evidence of the intention to commit the crime of theft. This gives authority to the store – through its security personell to stop – detain and arrest that person no matter what their ACTUAL intent is.
Concealment of Goods 18-4-406 and Questioning of Persons Suspected of Theft 18-4-407 – Prima Facie Evidence
This rule allows for a permissible inference to be drawn from the alleged shoplifters actions. It oes not eliminate the prosecution’s burden of proving the lement of intent to commit the theft beyond a reasonable doubt but DOES establish a permissible inference to be drawn from the acto f concealment.
Along with this law is another – equally important law addressing the right to question a suspect in this situation:
18-4-407. Questioning of person suspected of theft without liability.
If any person triggers an alarm or a theft detection device as defined in section 18-4-417 (2) or conceals upon his person or otherwise carries away any unpurchased goods, wares, or merchandise held or owned by any store or mercantile establishment, the merchant or any employee thereof or any peace officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person, in a reasonable manner for the purpose of ascertaining whether the person is guilty of theft.
Such questioning of a person by a merchant, merchant’s employee, or peace or police officer does not render the merchant, merchant’s employee, or peace officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention.
The Innocent Act and The Need For Legal Representation
It has been my experience – and I have defended cases on this basis – a young person – or an older person – a mother with screaming children – will enter a store – chooses a few items, and not having access to a cart – places some of these items in a jacket or pants pocket intending to pay for them when they check out.
Before they can check out – store security – using both of theese laws detain that person, call the police, and that person is prosecuted for shoplifting under Colorado Revised Statutes 18-4-406. A lawyer may be able to assist in straightening this issue out..
Concealment of Goods 18-4-406 and Questioning of Persons Suspected of Theft 18-4-407
Denver Colorado Theft Crimes Criminal Defense Lawyer
ABOUT THE AUTHOR – H. Michael Steinberg – Email The Author [email protected] or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-227-7777.
If you are charged with A Colorado crime or you have questions about Concealment of Goods 18-4-406 and Questioning of Persons Suspected of Theft 18-4-407 – please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.
H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 40 years of day to day courtroom experience – specializing in Colorado Criminal Law along the Front Range. He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case. So call now for an immediate free phone consultation.
Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases.
Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving .. the.Concealment of Goods 18-4-406 and Questioning of Persons Suspected of Theft 18-4-407.
Other Articles of Interest:
- Colorado Shoplifting Law – How Far Can The Store Go To Make An Arrest?
- Transactions for Profit in Stolen Goods 18-4-411
- Is Shoplifting The Same As Theft Under Colorado Criminal Law?
- Colorado Shoplifting Laws And Common Defenses To Colorado Shoplifting Crimes Part II of II
- Colorado Criminal Theft Laws – Understanding The Nature Of Embezzlement Crimes
