Legal Question in Criminal Law in Colorado

A old friend of mine came over and asked to use my phone to sell a bicycle on craigslist. He was contacted buy a lady interested in the bicycle but had no way to meet her, my wife offerd a ride and they left to meet the lady. The lady purchased the bike and was giving a bill of sale with my friends name on it and only his name. The lady explained that she only had a check and no cash. My friend did not have his i.d so my wife offered to put check in her name to cash for him. Well come find out the bike was stolen. Can my wife be held responsible or get in any trouble, because check was in her name and cashed by her. She had no knowledge the bike was stolen and did not recieve any money. Thanks


Asked on 6/07/12, 8:11 am

2 Answers from Attorneys
Damon Cassens Waters, Kubik, and Cassens

Since the check was in her name, she did receive money, albeit briefly. That is a problem for her. Most DA's offices tend to charge first and ask questions later; and frankly, if they do ask questions unless your wife's friend is willing to step up to the plate, the DA's office won't believe your wife. Because of that, tell her NOT TO TALK to law enforcement without an attorney.

At a practical matter, you need a plan in place to cover the cost of the bicycle. It will be the fastest way out from under law enforcement scrutiny.

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Answered on 6/07/12, 9:21 am
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

From the DA point of view: payment was made to your wife; contact was made through your phone; you and your wife sold the bike. Everything in writing and on computer supports that conclusion. If law enforcement asks questions, do not answer them without an attorney.

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Answered on 6/07/12, 11:33 am


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