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Evidence Of Value 18-4-414
By H. Michael Steinberg Colorado Theft Crimes Lawyer – Attorney
Colorado Theft Crimes – How Can The State Prove The Value Of What Was Stolen?
Evidence Of Value 18-4-414
Colorado Theft Crimes – How Can The State Prove The Value Of What Was Stolen? Evidence Of Value 18-4-414 – Under Colorado law the value of items stolen determines the level of misdemeanor or felony or even petty offense charged. At trial – the prosecution must prove the value of the items stolen beyond a reasonable doubt. This article addresses a law – 18-4-414 – that provides the foundation for proving that element.
Proving Value – How Does This Work? Evidence Of Value 18-4-414
In Colorado – the measure of value attached to stolen items is their fair market value at the time of the theft. The (market value of an item is the actual price at which it would have probably been sold in the regular course of business at the time and place it was stolen.
Here Is The LAW:
18-4-414 Evidence of value
(1) For purposes of this part 4, when theft occurs from a store, evidence of the retail value of the thing involved shall be prima facie evidence of the value of the thing involved. Evidence offered to prove retail value may include, but shall not be limited to, affixed labels and tags, signs, shelf tags, and notices.
(2) For the purposes of this part 4, in all cases where theft occurs, evidence of the value of the thing involved may be established through the sale price of other similar property and may include, but shall not be limited to, testimony regarding affixed labels and tags, signs, shelf tags, and notices tending to indicate the price of the thing involved.
Hearsay evidence shall not be excluded in determining the value of the thing involved.
The Price Tag Is Sufficient To Prove Value
What this law means is that the Colorado state legislature has determined that a price tag affixed to an item for sale is trustworthy on the item’s value. A defendant has the right to “rebut the presumption of value” by calling either a store manager or another witness to establish a value other than that specified on the price tag.
Another method is Kelley blue book. Kelly blue book may be admitted as proof of value at trial without the need for expert testimony. Blue book is the sale price of other similar property – valuation based on the blue book is admissible to prove value at trial.
Typically what happens at trial is the store’s loss prevention officer testifies that the value of the items defendant attempted to steal is determined by adding up the prices listed on those tags.
If You Decide To Appeal On The Issue Of Value
On appeal – the Colorado court of appeals – when they examine the sufficiency of evidence, the Court views the evidence presented as a whole and in the light most favorable to the State. The Court of Appeals determines whether the evidence presented at trial is sufficient to support a conclusion by a reasonable person that the defendant is guilty beyond a reasonable doubt.
The District Attorney – on appeal – is entitled to the benefit of every reasonable inference that may fairly be drawn from the evidence – even if the trial court record contains evidence that contradicts the State’s evidence.
Evidence Of Value 18-4-414
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 Evidence Of Value 18-4-414, 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 … Evidence Of Value 18-4-414.
Other Articles of Interest:
- Colorado Criminal Theft Law – How Do They Prove Value?
- Obtaining Control Over Any Stolen Thing of Value 18-4-404 and Theft By Receiving Stolen Property
- Colorado Criminal Theft Law – A Civil Suit For Theft 18-4-405- Treble Damages – The Other Shoe Drops
- Transactions for Profit in Stolen Goods 18-4-411
- Understanding The Crime of Receiving Stolen Property In Colorado
