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COLORADO SPRINGS TRIAL LAWYER
experienced and professional attorney - 29 years
private practice in Colorado state and
municipal courts |
ROBERT D. GUSTAFSON
ATTORNEY AT LAW
6538 Charter
Drive
Colorado Springs, CO 80918-1335
Phone (719)
260-1002
Fax (719) 260-1003 * Toll Free (800) 410-1002 |
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Colorado Springs attorney, shoplifting
criminal defense, theft, petty theft, misdemeanor theft, felony theft, burglary,
robbery, crimes of dishonesty, Colorado Springs Municipal Court, sealing
criminal records, Colorado defense lawyer, Colorado Springs, shoplifting,
defense, criminal defense, theft, petty theft, misdemeanor theft, felony theft,
burglary, robbery, crime, dishonesty, misdemeanor, felony, petty offense,
merchant, store, security guard, Colorado Springs Municipal Court, sealing
criminal records, Colorado, court, lawyer, defense lawyer, attorney

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GENERAL
CONCEPTS |
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SHOPLIFTING * THEFT
CRIMES OF DISHONESTY
MISDEMEANOR * FELONY |
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Jurisdiction and venue - municipal courts
have concurrent jurisdiction for offenses involving a thing of value less
than $100.
CRS 18-4-401(8)
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A shoplifting offense occurring
within the city limits of Colorado Springs or any other town may be
charged in the municipal court if the thing of value is less than $100, or
charges may be brought in the state court. Where the alleged
offense occurs outside the city limits in the unincorporated county, a shoplifting offense must be
charged in state court. Regardless of location of alleged theft,
where the thing of value is $100 or more, a shoplifting offense must be
charged in state court. |
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Theft covers numerous criminal
allegations; not all can be addressed in this webpage. |
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Depending upon the value of the property
alleged to have been stolen, charges may be
misdemeanor offense or
felony offense.
The state legislature has eliminated
petty offense
theft
which was previously tagged at $250 or less -
theft of a nominal value item is more
serious now. |
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Theft is classified based upon the thing of value as
follows: |
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In shoplifting and smaller misdemeanor 2 theft cases,
the primary focus of a defendant's attention should not be potential
sentencing sanctions, but upon
non-judicial potential long term consequences and
potential remedy. Shoplifting or theft,
even allegation of a small dollar value, is a crime of dishonesty.
Theft charges may likely impact a person's ability to seek, procure or
retain employment, security clearance, professional licensing or
retention,
weapons licensing, visa for international travel
and the like. Whether or not
criminal justice records are eligible for
sealing may likely be the determining factor in a client's
decision to accept or reject any plea offer. |
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To avoid potential future, unintended consequences
which flow from a crime of dishonesty, a defendant must ultimately
seal criminal justice records.
A shoplifting criminal case can only be eligible for sealing upon one of the
following circumstances. |
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a.
Deferred sentence
disposition
1. Preferably with a sentencing concession
that the prosecutors will stand silent and not object to sealing in a
subsequent sealing action brought pursuant to
CRS 24-27-308.
2. Defense must avoid a
waiver of rights to seal in the shoplifting disposition.
b. Flat dismissal of all charges based upon prosecutorial
discretion - unlikely.
c. Dismissal as a result of evidentiary suppression or other
motions filed by defense and favorable ruling by the Court.
d. Not guilty verdict at trial. |
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Naturally, second or subsequent charges
or felony charges increase the complexity of a case and the increase the
potential for jail to be imposed. In such cases, potential
sentence which may be imposed by the Court may supercede sealing
concerns in plea negotiations. |
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In the event the victim has
suffered financial loss, at the earliest opportunity a defendant should
make arrangements to borrow sufficient money or otherwise have capability to make
full restitution. Ability to make full restitution may result in
more favorable plea negotiations. If the alleged victim is a
merchant, refer to civil
damages and exclusion below. |
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IMMEDIATE ACTION
ADVISABLE
merchant
audio, video or rapid photo recordings |
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Law enforcement agency dispatch tapes and
911 voice recordings are typically maintained for a period of time which
is sufficient to procure via subpoena duces tecum - no exigency exists.
Not so with merchants - immediate action is required to preserve
evidence for defense review. Stores are commonly equipped with
audio, video or rapid photo equipment which produces recordings, and
such recordings should be procured by and reviewed by defense counsel..
Counsel has issued subpoena duces tecum to multiple merchant
establishments in different types of criminal cases. It has been
attorney's past experience that digital merchant recordings are deleted
or overwritten in 72 hours (3 days) up to 60 days. Digital files
may be stored off location, such as with ADT or other company which may
have a contract with the merchant for security recording and digital
file storage. It has also been counsel's experience that law
enforcement or prosecution fails to preserve the audio, video or rapid
photo recordings. For thorough defense preparation, subpoena duces
tecum should be immediately issued to the merchant for preservation and
production of audio, video or rapid photo digital files. Such
recordings may validate the oral and written statements of store
security personnel, or may destroy security personnel's credibility -
they may not have seen that which is claimed. Review of security
recordings is important. |

RIGHT
TO REMAIN SILENT
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NO STATEMENTS
LAW ENFORCEMENT * PROSECUTORS
* THIRD PERSONS |
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IMPORTANT - PLEASE READ CAREFULLY |
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My clients are advised not to discuss facts, law or trial strategy in any
offense of a theft or dishonesty nature or civil claim for actual damages or
punitive damages with anyone other than myself as legal counsel or a private investigator
retained as my agent, who is covered by the attorney - client privilege.
Statements to any third person may be grounds for additional criminal charges,
even if the other person is a trusted confidant. Be very careful what you tell or say to other persons -
your statements may be used against you at hearing or trial, and the third person's testimony may be involuntarily compelled by
subpoena. Website visitors who are not my clients should consult with
your attorney before talking.
Twice said -
Admissions made by a criminal defendant may be admissible in the prosecutor's
case in chief. Do not discuss a case or make
any statements whatsoever with any law enforcement officer, prosecutor, witness,
the other involved party merchants or ocunsel demanding punitive damages or any other third person. Prosecutors
will not hesitate to file intimidation of witness felony charges, and your
statements are admissible in a trial or motions hearing. You have the
absolute right to remain silent even if police don't tell you. Exercise
that right. Consult with your attorney before talking.
When merchant security or the policecontact you, don't
try to explain the circumstances. Stop Talking.
this includes merchant personnel or legal counsel
demanding actual or punitive damages
Simply say at the outset that you wish to remain silent & want an attorney.

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AGAINST UNREASONABLE SEARCH & SEIZURE |
NO CONSENT - NO VOLUNTARY SEARCH
NO WAIVER OF OTHER RIGHTS |
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When a criminal suspect voluntarily gives permission for police or law
enforcement to search, items found in that search will likely be admissible as
evidence. Conversely, searches without a warrant are presumed unlawful
with some exceptions. Evidence found as a result of an unlawful search may
be suppressed (excluded from admission) as a fruit of the poisonous tree.
When a criminal suspect voluntarily gives permission for merchant security
personnel to search, items found in that search will likely be admissible as
evidence. Conversely, searches without permission may exceed scope of the
merchant's authority pursuant to statute or ordinance and may be inadmissible. Evidence found as a result of an unlawful search may
be suppressed (excluded from admission) as violative of the suspect's rights.
Every citizen has the constitutional right to be free from unreasonable search
and seizure. Never consent to a search or seizure without advice of legal
counsel. Let merchant security personnel or law enforcement procure a warrant or face possible
statutory and constitutional challenge to the evidence.
Similarly, no other rights should be waived by any criminal suspect or defendant
without advice from counsel. If you aren't certain what your rights are at
the time of the merchant or police request, simply say no - I need to speak to an attorney.

Defense attorneys frequently see the police report phrase:
"suspect was cooperative." Merchant security personnel or law
enforcement officers will do what they will do regardless of your cooperation -
cooperation won't help and may likely hurt your court case defense.
This attorney advises clients to remain silent and be courteous, calm and in
control of your emotions. Politely decline any merchant security or police requests,
making the statement you need to consult with legal counsel before giving
a response, and request presence of an attorney. You have the right to
presence of and advice of defense counsel. Exercise your
rights.
Post bail if need be - refer to above
link for bail bond information.


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SHOPLIFTING |
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MUNICIPAL COURT |
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| GENERAL
INFORMATION |
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To be charged in municipal court, the thing of value
must be below $100 and the alleged theft must have occurred within city
limits.
Shoplifting is a minor misdemeanor offense, and for a first
offense it is not likely the Court will impose a jail sentence.
Attendance at a
petty theft class
will be ordered; it is advisable to immediately enroll as this may
facilitate plea negotiations. Public service may also be ordered.
Colorado Springs Municipal Court does not use the state courts supervision
agency; public service is monitored by the Municipal Court Probation
Department. Public service is accepted if completed with any
non-profit organization which can provide a non-profit tax ID number and
will confirm a defendant's volunteer work. Many non-profit
organizations may decline given that the allegation is a crime of
dishonesty, so be prepared to contact more than one agency. For a
first offense, counsel recommends to clients that 24 hours public service be
completed at the earliest opportunity. Probation department
supervision may be avoided if the petty theft class and public service are
completed prior to court review of deferred sentencing or straight
sentencing. |
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Refer to above
merchant security recordings
regarding immediacy of discovery subpoena duces tecum. |
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Refer to above
general concepts regarding
sealing concerns. |
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Refer to below
civil damages (actual or punitive).
Civil lawsuit should also be avoided to eliminate court records which may be
found in a background search. |
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| RELEVANT
COLORADO SPRINGS MUNICIPAL ORDINANCES |
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2.3.202: DEFINITIONS
Security Services: Those services which include, but
are not limited to, the prevention of burglary, robbery, theft, shoplifting,
criminal mischief, arson, assault or trespass and the observation,
investigation, detection and/or reporting of incidents to prevent or deter
any unlawful or unauthorized activity, the control, regulation or direction
of the flow or movements of persons on private property, whether by vehicle,
by foot or otherwise. (Ord. 98-71; Ord. 01- 42; Ord. 08-64) |
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9.6.401: SHOPLIFTING
PROHIBITED
A. It is unlawful for any person, without
authorization, whether by threat or deception, to knowingly obtain or in any
manner exercise control over any goods, wares, merchandise or any other
thing of value having a value of less than one thousand dollars ($1,000.00)
which is owned or held by and offered or displayed for sale by any stores or
other mercantile establishment, and the person:
1. Intends to deprive the store or mercantile
establishment permanently of the use or benefit of the thing of value; or
2.
Knowingly uses, conceals, abandons or otherwise exercises control over the
thing of value in such a manner as to deprive the store or mercantile
establishment permanently of its use or benefit; or
3. Uses, conceals, abandons or otherwise exercises
control over the thing of value intending that the use, concealment,
abandonment or control will deprive the store or mercantile establishment
permanently of its use or benefit.
B. For purposes of this section, "deception" includes
obtaining a full or partial refund for any goods the person knows have not
been paid for or attempting to purchase or purchasing any goods for which
the person knows the purchase price has been altered.
C. It shall constitute prima facie evidence that a
person intended to commit the offense of shoplifting if the person wilfully
conceals unpurchased goods, wares, merchandise, or any other thing of value
owned or held by and offered or intended to be offered or displayed for sale
by any store or other mercantile establishment, whether the concealment be
on the person or otherwise and whether it takes place on or off the premises
of the store or mercantile establishment. (Ord. 82-162; Ord. 83-94; Ord.
85-174; Ord. 90-25; Ord. 92-86; Ord. 98-65; Ord. 01-42; Ord. 07-141) |
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9.6.402: CONCEALMENT OF
GOODS
If any person wilfully conceals unpurchased goods, wares, merchandise, or
any other thing of value owned or held by and offered or intended to be
offered or displayed for sale by any store or other mercantile
establishment, whether the concealment be on their own person or otherwise
and whether such shall take place on or off the premises of the store or
mercantile establishment, the concealment shall constitute prima facie
evidence that the person intended to commit the offense of shoplifting. (Ord.
82-162; Ord. 83-94; Ord. 01-42) |
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9.6.403: QUESTIONING OF
PERSON SUSPECTED OF SHOPLIFTING WITHOUT LIABILITY
If any person conceals or otherwise
carries away any unpurchased goods, wares, merchandise or other thing of
value owned or held by and offered or intended to be offered or displayed
for sale by any store or other mercantile establishment, the merchant or
merchant's employee or any peace or police officer, acting in good faith and
upon probable cause based upon reasonable grounds may detain and question
the person in a reasonable manner for the purpose of ascertaining whether
the person is guilty of shoplifting. 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 or police officer civilly or
criminally liable for slander, false arrest, false imprisonment, malicious
prosecution, or unlawful detention. (Ord. 82-162; Ord. 83- 94; Ord. 01-42) |
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SENTENCING |
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Colorado
Springs City Code
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Colorado
Springs Municipal Ordinance 9.6.401
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Shoplifting |
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Colorado Springs Municipal Ordinance 1.1.201
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General Penalty - maximum jurisdiction:
Jail 90 days and/or Fine $500
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Minors
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State statute - CRS
19-2-104(1)(a)(II) |
Municipal
court no jurisdiction - Juvenile Court Has Jurisdiction
Municipal ordinances - except traffic - maximum 10
days jail
Municipal violations - no provision for minor to be treated as an adult
Municipal criminal violations - maximum 10 days jail
or juvenile court assumes exclusive jurisdiction
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Colorado Springs Municipal
Ordinance 1.1.202
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Minor Offenders
Municipal violations - no provision for minor to be treated as an adult
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1.1.201: GENERAL PENALTY 1
A. Any person who performs or fails to perform an act where the performance or failure to perform is declared in any provision of this Code or any promulgated rule or regulation to be unlawful or an offense or misdemeanor, or any person who performs an act which is prohibited or fails to perform an act which is required by any provision of this Code or any promulgated rule or regulation, or any person who fails to meet a standard of conduct or behavior prescribed in any provision of this Code for which no specific penalty is provided shall, upon conviction, be punished as provided in subsection B of this section.
B. Any person convicted for the violation of any provision of this Code or any promulgated rule or regulation shall be punished by a fine of not more than five hundred dollars ($500.00), by imprisonment in jail for a period not exceeding ninety (90) days, by a sentence of probation, or by a combination of fine and/or imprisonment and/or a sentence of probation, unless otherwise provided. The Municipal Court shall designate fines which may be made payable at the Violations Bureau. The minimum fine shall be as follows for the following offenses:
1. Section 10.17.105 entitled, "Traffic Control Signal Legend", of this Code; the court shall impose a fine of not less than one hundred dollars
($100.00).
2. Section 10.3.101 entitled, "Approaching Stop Or Yield Intersections", of this Code; the court shall impose a fine of not less than one hundred dollars
($100.00).
3. Chapter 10, "Motor Vehicles And Traffic", Article 5, "Speed Regulations", of this Code; the court shall have the discretion to reduce the payable fine for speeding offenses by no more than thirty dollars ($30.00).
C. A separate and distinct offense shall be deemed to have been committed for each day on which any violation of this Code or of any City rule or regulation shall continue.
D. The provisions of this section shall not be applicable to violations of the City's Zoning Code and sections 9.6.606 through 9.6.615 of this Code.
E. Possibility of imprisonment upon conviction for violation of the offenses listed in section 11.4.104 of this Code is hereby eliminated. (Ord. 4747; 1968 Code §15-1; 1980 Code; Ord. 82-164; Ord. 86-66; Ord. 88-205; Ord. 91-34; Ord. 94-180; Ord. 95-168; Ord. 96-43; Ord. 96-99; Ord. 01-42; Ord. 03-49; Ord. 04-177) |

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SHOPLIFTING |
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CIVIL DAMAGES
AND EXCLUSION |
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| CIVIL
DAMAGES |
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A person charged with shoplifting can anticipate a demand from either the
alleged victim merchant or legal counsel for the merchant for actual and /
or punitive damages. |
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either in the store or just outside and the merchandise is recovered,
thus eliminating actual damages.
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demand maximum punitive damages - $250
CRS 13-21-107.5 |
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condition precedent to maintaining a civil action for damages
pursuant pursuant to the Colorado civil damages
statute. |
| The parents of an unemancipated minor
are liable for punitive damages pursuant to the Colorado civil damages
statute. |
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| Settlement
of Damages Claim |
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A civil lawsuit for punitive damages would create a history discoverable in
a background search, and therefore should be avoided - such a civil lawsuit
would not likely be subject to sealing. As mentioned above, it should
be the goal of a defendant to eliminate any litigation history of dishonesty
claim.
In effort to resolve a damages dispute and limit the merchant's recoverable
costs, an offer of settlement may be made pursuant to
CRS
13-17-202. Offers of settlement are not admissible.
CRE 408
CRS §13-21-107.5 and
CRS
§13-17-202 do not provide for recovery of attorney's fees;
hence a merchant's attorney fees are not collectible unless the defendant
maintains a frivolous defense. If a punitive damages civil lawsuit
were to be filed, in practicality the merchant would be limited in recovery
to costs of process service and court filing fees, and punitive damages
recovery judgment could range between the statutory minimum of $100 to the
maximum of $250 which has likely been demanded.
Frequently the value of the article in question is nominal, which reduces
likelihood of maximum penalty recovery. Should judgment enter in favor
of the merchant absent settlement and voluntary payment, the issue of
satisfying the judgment (execution, garnishment or levy) then comes into
play. The client may or may not be employed. Settlement would
save costly litigation time and expense, and increases the merchant's
probability of actual recovery. These are inducements to a merchant to
settle the damage claim for less than the maximum likely demanded.
Attorney recommends to clients that upon receipt of a damage demand from a
merchant, the client offer to immediately remit the sum of $100 as the
minimum provided by statute in full settlement, satisfaction and accord of
all claims or causes of action which the merchant may have against the
client. Written confirmation of acceptance as satisfaction and accord
is requested required prior to disbursement, and request is made of the
merchant for a date of receipt upon which satisfaction and accord would be
conditional.
Notice is provided to a merchant that any offer of settlement is made
pursuant to
CRE 408 and
CRS
13-17-202. Inadmissibility is claimed as to liability;
admissibility is claimed regarding award of costs.
This method of settlement eliminates the possibility of additional court
records of dishonestly which may be found in a subsequent background search,
yet nets a lower cost to the client than statutory maximum punitive damages.
Refer to sealing and litigation history. Clients can't afford to have
a discoverable history involving dishonesty. Settle the merchant
damage claim. |
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| EXCLUSION
- TRESPASS |
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It is also common for the merchant to provide notice the the person alleged
to have shoplifted that the person is prohibited from again entering the
store in question or any other store owned, leased or run by the merchant.
If the person again enters premises owned, leased or run by the merchant,
the person is subject being arrested and charged with
criminal trespassing. This would include subsidiaries
of the merchant - businesses with a different name but operated but the same
parent company.
Even if the merchant fails to provide notice of exclusion, it would be a
very good idea for the person alleged to have shoplifted to never again
enter a store or business owned, leased or run by the merchant, or any
subsidiary. In today's world, security cameras are prevalent in most
stores. Larger merchants may have facial recognition software which
may trigger an alarm as soon as a former alleged shoplifter enters the
premises.
Refer to sealing and litigation history. Clients can't afford to have
a discoverable history involving dishonesty. Shop elsewhere in the
future. |

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SHOPLIFTING |
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MISDEMEANOR THEFT
STATE
COURT |
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| GENERAL
INFORMATION |
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Theft is classified based upon the thing of value as
follows: |
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Minimum Dollar Value |
Maximum Dollar Value |
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Criminal
Classification - Sentencing Range |
0.01
500.00 |
499.00
999.99 |
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Class 2 Misdemeanor
Class 1 Misdemeanor |
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the state legislature
has eliminated
petty offense
theft
which was previously tagged at $250 or less
theft of a nominal value item is more serious now |
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Similar to municipal court charges, shoplifting
charged in state court is frequently a minor misdemeanor offense. For a first
offense it is not likely the Court will impose a jail sentence.
Attendance at a
petty theft class
will be ordered; it is advisable to immediately enroll as this may
facilitate plea negotiations. Public service may also be ordered.
The
County Court
in and for El Paso County will not give credit for
useful public service
unless supervised by the court agency - refer to link. Many non-profit
organizations may decline given that the allegation is a crime of
dishonesty; you may not find the particular type of public service which is
your first choice. The supervision agency has a listing of
organizations which will accept theft cases. For a
first offense, counsel recommends to clients that 24 hours public service be
completed at the earliest opportunity. |
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Refer to above
merchant security recordings
regarding immediacy of discovery subpoena duces tecum. |
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Refer to above
general concepts regarding
sealing concerns. |
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Refer to below
civil damages (actual or punitive).
Civil lawsuit should also be avoided to eliminate court records which may be
found in a background search. |
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Although still in the sandbox of county court, a
Class 1 Misdemeanor
is a rather serious criminal offense as reflected by the sentencing range.
The higher the dollar value of the item(s) alleged to have been stolen, the
more complex the case and the less likely the
DA
Office will offer a deferred sentence or negotiate in the
realm of subsequent
sealing criminal records.
As the value increases, potential
sentence which may be imposed by the Court may supercede sealing concerns in
plea negotiations and increases the likelihood of trial. |
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RELEVANT
COLORADO STATUTES
refer to link for relevant statutes |

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FELONY THEFT
OTHER FELONY
CHARGES |
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STATE COURT |
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| GENERAL
INFORMATION |
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Theft is classified based upon the thing of value as
follows: |
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Minimum Dollar Value |
Maximum Dollar Value |
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Criminal
Classification - Sentencing Range |
1,000.00
20,000.00 |
19,999.99
any amount over 20.000 |
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Class 4 Felony
Class 3 Felony |
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When felony charges are brought, "you're playing with
the big kids now." State penitentiary is up for grabs rather than
brief hospitality of the local county gray bar hotel. Mandatory sentencing
aggravators may exist such as crime of violence or an aggravator contained
within the subject law. |
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Attorney accepts cases involving felony theft,
burglary and robbery - regardless of whether the offense involves an
occupied structure, a residence, a motor vehicle or a person. The
variables are too numerous to address in a generic webpage. |
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RELEVANT
COLORADO STATUTES
refer to link for relevant statutes |

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POTENTIAL DEFENSES |
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SHOPLIFTING * THEFT
CRIMES OF DISHONESTY
MISDEMEANOR * FELONY |
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| FACTUAL
DEFENSES |
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The most common defenses to a
charge of shoplifting, theft, burglary, robbery or other offenses
identified in the
relevant statutes
section of this web page, would be factual - that the alleged acts or
statements did not occur or that which may have occurred does not fall
within prohibited conduct as defined by statutes or ordinances.
Examples: |
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a. ownership interest in the thing
of value
b. value of the item in question if
that would reduce the class of crime and potential punishment
c. burglary - an issue may arise
whether the building or occupied structure was a dwelling
d. Security personnel and officer credibility.
Experience with theft detection and opportunity to observe - What
wasn't observed which a jury member might expect? What was the
security personnel's or officer's opportunity to observe? - lighting,
camera placement, obstructions whether physical displays or or other
persons, angle from which security personnel or officer could observe
the alleged theft, other concurrent distractions or investigations,
etc.
e. other factual defenses may arise
based upon the facts of the case |
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| LEGAL DEFENSES |
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Legal defenses may arise based upon case
facts. Examples: |
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a.
Jurisdictional
attack - attack upon the
jurisdiction (power) of the court in the pending criminal case
b. Unlawful extra-jurisdictional
arrest
c. Lack of reasonable suspicion for
initial contact by the law enforcement officer
d. Color of authority - merchant
security personnel acting within course & scope of his or her
employment & boundaries of permissive stop law
e. Color of authority - peace
officer acting within course & scope of his or her employment
f. Lack of probable cause for
warrantless arrest or seizure of the defendant's person
g. Warrantless arrest
h. Unreasonable search and seizure
i. Failure of the affidavit
for arrest warrant or search warrant
j. Defendant's admissions the
result of undue influence, duress and coercion - due process violation
k. Defendant's admissions taken in
violation of
5th Amendment privilege
against self incrimination
6th Amendment right to legal
counsel
l. Reasonable doubt -
prosecution proof
beyond a reasonable doubt - cloak of innocence and burden of
proof upon prosecution - beyond a reasonable doubt. A defendant is not
required to prove innocence - the prosecution must prove guilt.
m. Other legal arguments may arise
based upon the facts of the case |
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INDEPENDENT SERVICE PROVIDERS |
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Where relevant, attorney utilizes
the services of independent professionals. Rates of independent
providers of professional services change periodically and billings are not
controlled by counsel. |
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If retained by counsel as an
agent of the attorney, such independent service providers are protected and bound by the
attorney-client privilege and the attorney work product doctrine. If retained privately by the client, no such
agency or confidentiality exists. |
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SHOPLIFTING & THEFT DEFENSE
DO I NEED AN
ATTORNEY? |
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Do I need an attorney?
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Regarding allegations involving crimes
of dishonesty, it's probably time to
loosen the pocket book and hire a defense attorney. Your goal when
the case is concluded should be eligibility to file a petition to
seal criminal justice records.
This is simply beyond the ken of most laymen. You may retain my services or the services
of another attorney, but hire defense counsel. |

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ATTORNEY'S
FEES AND COSTS
SHOPLIFTING AND THEFT DEFENSE |
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At the time of the first
visit, a prospective client will be quoted attorney's fees and estimated costs. The quote will
be honored for a period of seven (7) days, after which it is subject to change
without notice if this office has not been retained. Attorney is a sole
practitioner with need to manage his caseload. Pending proposed client
acceptance and payment, retainer agreement proposals are subject to
withdrawal. Attorney reserves the right to decline any case.
In most circumstances, attorney initially makes an option offer of 1.) billing
to be upon hourly fees, or in the alternative, 2.) quote of a settlement flat
fee or a trial flat fee. Attorney reserves the right to quote hourly
fees only without a flat fee offer, or hourly and trial flat fee options only.
ELECTION.
Offered fee options will be up to the client, however client's initial election will be
final.
Included in attorney's primary website is a
web page devoted to clear definition & understanding of free
first consultation, fees and costs, retainer agreement and terms of
representation. Additional
information regarding fees & costs may be found via the links
following potential quotes.
Thank you for considering my
services; I appreciate your inquiry.
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POTENTIAL FEE
QUOTE
SHOPLIFTING
AND MISDEMEANOR THEFT DEFENSE |
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I generally offer hourly fees or a settlement flat fee. Most
shoplifting and misdemeanor theft cases plea bargain and do not proceed to trial. The settlement flat
fee would be dependent upon the facts and circumstances of the case, however
the above would be a common quote, including negotiated resolution of a
civil punitive damage claim. This shall neither constitute an offer, nor
be construed as a binding estimate.
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Trial
flat fee would be dependent upon the facts and circumstances of the case, however the
above would be a common quote.
This shall
neither constitute an offer, nor be construed as a binding estimate. |
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frequent
trust deposit request
regarding fees & costs |
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PAYMENT |
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Prior to commencement of
representation, the attorney will quote the amount requested as a trust
deposit against which attorney's fees and costs may be billed. The
requested trust
deposit will be dependent upon the facts and
circumstances of your case.
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Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES
LITIGATION COSTS
DEPOSIT |
$
1,250
$ 500 |
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settlement
common
trust
deposit request
including attorney's fees & litigation
costs - excluding travel
OR |
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Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES
LITIGATION COSTS
DEPOSIT |
$
3,500
$ 1,000 |
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trial
common
trust
deposit request
including attorney's fees & litigation
costs - excluding travel
settlement attorney fees paid would be
deducted from trial attorney fees
Additional cost deposit may be requested as trial preparation proceeds &
anticipated litigation
expenses solidify |
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shoplifting defense * misdemeanor theft defense
*
this shall not constitute an offer, nor be construed as a binding
estimate |
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Client authorization
is obtained
for any large cost expense. Final expenditure may run less or
client
may periodically be asked for additional amounts to be deposited to trust if
fees and costs will exceed previous deposits. |
Client
will be provided with a trust accounting and itemized
billing statement when there has been activity on the account. At the end of
each case, a detailed accounting summary is provided and
remaining trust proceeds are refunded. |
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trust
deposit for anticipated fees & costs is due when
retained |
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attorney does not accept installment payments |
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regular billings are
scheduled on the 1st and 15th
payment not received
as agreed = representation withdrawn |
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MAJOR
CREDIT CARDS ACCEPTED |
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PARTIAL LIST OF POTENTIAL
COSTS
out of pocket costs are the responsibility of the
client |
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e-Filing
availability and court mandatory requirements |
litigation costs
fluctuate - not within attorney control
costs change & below cost information may be
obsolete |
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COLORADO STATE COURT WEBSITE |
| link to Colorado
Judicial Branch website - current costs |
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CRIMINAL & TRAFFIC COURT COSTS |
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Price |
Client Background Search |
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Varies |
DMV
Out of
State Driving Record |
| 20.00 |
Offense
Report |
| 15.00 |
DA
Office
discovery packet -
estimate (actual may be more or less) |
| 25.00 |
State
court jury deposit C.R.Crim.P. 23, CRS
16-10-109 (non-refundable except by acquittal) |
| 10.00 |
Local
court archive records search fee
(actual may be more or less) |
| 10.00 |
Court records search
& copy costs (actual may be more or less) |
| 30.00 |
OJW fee to
court
(outstanding judgment warrant) |
| 2.20 |
DMV admin hold release
fee (OJW - outstanding judgment warrant) |
| 500.00 |
Private Investigator
initial retainer - if relevant - variable based upon number of witnesses to
interview |
| 85.00 |
Law enforcement 911 /
dispatch records, tapes & transcript - widely variable |
| 100.00 |
Merchant security digital
files - audio, video or rapid photography - widely variable |
| 150.00 |
Subpoena
process service
expense - depends on number of subpoenas issued |
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Varies |
On-line
legal
research - dependent upon issues requiring legal research,
if any |
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Rates |
Travel
time and expenses if the case
is outside Colorado Springs |
NOTE
It is generally prudent to procure
law enforcement video or audio tapes and merchant security camera digital
files, and
to conduct police officer interviews by a
private investigator prior to pre-trial conference |
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CAVEAT:
Not all above costs will be relevant to any given case, and additional
expenses not identified may be incurred in any individual case. Costs
quoted are subject to change by independent providers; actual costs paid will
be billed. limited
search
pricing |
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FELONY
THEFT * BURGLARY * ROBBERY
AND OTHER
FELONY CRIMES OF DISHONESTY |
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Because relevant facts can vary so widely in felony theft,
burglary, robbery or other felony crimes of dishonesty, It is not
possible to "ballpark" a flat fee or costs estimate for this type
of case. The attorney would need to know more about the
facts and circumstances before offering a settlement or trial flat
fee quote or an estimate of
litigation costs. |
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Client authorization
is obtained
for any large cost expense. Final expenditure may run less or
client
may periodically be asked for additional amounts to be deposited to trust if
fees and costs will exceed previous deposits. |
Client
will be provided with a trust accounting and itemized
billing statement when there has been activity on the account. At the end of
each case, a detailed accounting summary is provided and
remaining trust proceeds are refunded. |
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trust
deposit for anticipated fees & costs is due when
retained |
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attorney does not accept installment payments |
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regular billings are
scheduled on the 1st and 15th
payment not received
as agreed = representation withdrawn |
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MAJOR
CREDIT CARDS ACCEPTED |
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ATTORNEY
TRADE AREA & TRAVEL
OUTSIDE EL PASO COUNTY |
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GEOGRAPHIC
DISTANCE
ECONOMIC CONSIDERATIONS |
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Colorado is a big state.
Easy communication access via
internet, email and toll free phone doesn't change
that fact. |
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Attorney
is very willing to travel outside the Colorado Springs area to present
or defend a case,
but please be aware travel time, mileage and expense would apply. If you are
from out of state or are unfamiliar with Colorado
geography, refer to the map to determine where
Colorado Springs is
located in relation to the county of your court case or hearing. |
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Southern Colorado Area |
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If travel is
necessary, a
trust deposit
would be required to cover anticipated travel time, mileage &
expenses. If it is not economically justifiable to retain
my services with travel, please contact counsel in the locale of
your case. |
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| COUNTIES |
CITIES / TOWNS |
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El Paso County |
Colorado Springs / Manitou
Springs / Fountain |
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Chaffee County |
Salida |
I welcome new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
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Crowley County |
Ordway |
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Custer County |
Westcliffe |
Metro Denver Area |
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Douglas
County |
Castle Rock |
COUNTIES |
CITIES / TOWNS |
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Elbert County |
Kiowa / Simla |
City and County of Denver |
Denver |
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Fremont County |
Canon City / Florence / Penrose |
Adams County |
Brighton Thornton Federal Heights |
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Huerfano County |
Walsenburg |
Arapahoe County |
Littleton / Centennial /
Englewood |
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Las Animas County |
Trinidad |
Arapahoe County - East |
Aurora |
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Lincoln County |
Hugo (county seat) / Limon |
Broomfield County |
Broomfield |
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Otero County |
La Junta |
Gilpin
County |
Blackhawk / Central City |
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Park County |
Fairplay |
Jefferson County |
Golden / Wheat Ridge |
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Pueblo County |
Pueblo |
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Teller County |
Cripple Creek / Woodland Park |
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Surrounding Area
MUNICIPAL COURTS
SHOPLIFTING & THEFT
CRIMINAL DEFENSE |
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TRAVEL TIME & MILEAGE
Billed Outside El Paso County |
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NOTICE: It is the policy of the presiding judge in
Palmer Lake Municipal Court
not to accept negotiated plea settlements. If your ticket in in this
court, counsel must prepare for trial;
trial fees and costs would be quoted. |
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Municipal courts do not have the
availability of e-Filing as do state district courts, however some of the local
area smaller municipal courts have now come into the 21st century by accepting
pleadings and filings via email and payment of fines and costs via bank on-line
bill pay regarding infractions and minor offenses. Depending upon court policy regarding entry of plea via email
and e-payment subsequent to negotiation without the necessity of physical
appearance,
travel time & mileage
may possibly be avoided. Not all courts permit this. |

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thank you for visiting my
webpage
your interest in my services is appreciated |
Adobe Acrobat Reader version 5 or later is required
to view .pdf files
Free Download |
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| please feel free
to call or email if you are a client or are seeking representation |
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email counsel |
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INITIAL CONSULTATION TERMS
not an offer for legal advice - refer to link for terms
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter |
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PRIMARY WEBSITE |
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GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
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Topical Website Copyright © 2010 -
All Rights Reserved - Document Revised
August 17, 2010
mountains photo image, attorney photo image & law office logo copyright ©
Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Topical Website Initial Publication Date: February 11, 2010 - Republication Date:
February 11, 2010 |
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Serving Colorado Springs
Area Zip Codes |
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| 80918 80920 80919 80917 80915
80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 |
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80905 80906 80907 80910 80911 80912
80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 |
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80937 80940 80941 80942 80943 80944 80945
80946 80947 80949 80950 80960 80962 80970 80977 80995 90997 |
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