Dallas, TX asked in Criminal Law and Traffic Tickets for Colorado

Q: 42-3-121(1)(b); I have been falsly accused of this charge. Do I need a lawyer for this? If so, how much $ will it cost?

Upon return of my stolen car, the police issued me a plate they said was mine and a piece of paper I was told, "if you get pulled over, just give them this so they know your car was stolen."

I was stopped while walking down by the river by a conservation officer that asked me, "is this your car?"

"Yes."

"Why don't you take a seat inside of it real quick for me."

He then told me my plates were expired, which I apologized for. He then proceeded to not believe me that my car had been stolen, despite me giving him my piece of paper from the previous officers. Refused to allow me to obtain cell phone service to provide proof of insurance or registration. (The thief had trashed all of my paper copies).He then told me that all the plate numbers I was able to provide came back clean and weren't stolen; however, he was still going to write a ticket. Turns out, the plates are mine, but from the car I sold shortly before this car was stolen. A simple mistake by the officers returning car

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2 Lawyer Answers
Austin Michael Lux
Austin Michael Lux
Answered
  • Criminal Law Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: The charge that you accused of is a class 2 misdemeanor traffic offense. It carries a possible penalty of 10-90 days in jail and/or a fine of $150-$300. Often, the ticket you receive allows you to resolve your case with the payment of a fine. It is also frequently the case that the prosecuting attorney will make a plea offer to resolve your charges as well. If you choose to contest the charges you should consult with an attorney so that you can present the best possible defense to the allegations against you.

Best,

Austin

Disclaimer: This information in this post is for general information purposes only. Nothing in this post should be taken as legal advice for any individual case or situation. this information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Sean Maye
Sean Maye
Answered
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: Mr. Lux is correct. A violation of subsection (b) of CRS 42-3-121 is a class 2 misdemeanor. While jail is rarely asked for on misdemeanors of this lesser degree, it is certainly possible, as Mr. Lux noted on the potential jail range. To truly minimize your risks and to assess how strong your defenses may be for trial, consult with a lawyer. Many, like myself, offer a FREE 30-minute consult.

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