According to the news, a man was arrested after taking his child out of the country without the child's mother's knowledge. The man fraudulently applied for a passport for his child by forging a judge's signature. The passport was later revoked and the man was arrested as soon as he returned back to the United States. In Denver, Conejos County and across Colorado, the man would face charges of Second Degree Kidnapping, Violation of Custody Order or Order Relating to Parental Responsibilities, and Forgery.
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Second Degree Kidnapping Arapahoe County Lawyer: Definition of 2nd Degree Kidnapping
One way C.R.S. 18-3-302 Second Degree Kidnapping charges occur in Arapahoe County and across Colorado, is if a person seizes and carries any person from one place to another, without his consent and without lawful justification. Since the father allegedly took the child from the United States to another country without the mother's consent, he would face charges of Second Degree Kidnapping. Clearly he did not have lawful justification if he had to forge a judge's signature. Second Degree Kidnapping is either a class 2 felony, class 3 felony, or a class 4 felony in Colorado.
Violation of Custody Order or Order Relating to Parental Responsibilities Lawyer in Adams County
Additionally, the father could face charges for Violation of Custody Order or Order Relating to Parental Responsibilities, C.R.S. 18-3-304, in Adams County. He could face criminal charges for taking a child (without the mother's consent) who is under the age of eighteen years from the custody or care of the child's parents, guardian or other lawful custodian or person with parental responsibilities. Men and women can face these charges whether they are a natural or foster parent. Violation of Custody Order or Order Relating to Parental Responsibilities is a class 5 felony across Colorado. Further, if, during the course of committing this offense, a person removes a child under the age of eighteen years from this country, they will face a class 4 felony.
Forgery – Douglas County Attorney | Definition of Forgery
Finally, the father could face Forgery charges, C.R.S. 18-5-102, for forging a judge's signature when applying for a passport for his child. Forgery is a class 5 felony in Colorado. Below is the statute for Forgery in Colorado:
1) A person commits forgery, if, with intent to defraud, such person falsely makes, completes, alters, or utters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:
(a) Part of an issue of money, stamps, securities, or other valuable instruments issued by a government or government agency; or
(b) Part of an issue of stock, bonds, or other instruments representing interests in or claims against a corporate or other organization or its property; or
(c) A deed, will, codicil, contract, assignment, commercial instrument, promissory note, check, or other instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status; or
(d) A public record or an instrument filed or required by law to be filed or legally fileable in or with a public office or public servant; or
(e) A written instrument officially issued or created by a public office, public servant, or government agency; or
(f) Part of an issue of tokens, transfers, certificates, or other articles manufactured and designed for use in transportation fees upon public conveyances, or as symbols of value usable in place of money for the purchase of property or services available to the public for compensation; or
(g) Part of an issue of lottery tickets or shares designed for use in the lottery held pursuant to part 2 of article 35 of title 24, C.R.S.; or
(h) A document-making implement that may be used or is used in the production of a false identification document or in the production of another document-making implement to produce false identification documents.
Facing Criminal Charges in Jefferson County? Contact the O'Malley Law Office
If you face charges or accusations of 2nd Degree Kidnapping, Violation of Custody Order or Order Relating to Parental Responsibilities, or Forgery in Jefferson County or any other area in Colorado, contact a criminal defense attorney at the O'Malley Law Office right away. Our criminal defense lawyers make sure you are protected when interpreting evidence in your criminal case. In some of the above criminal cases, DAs will overcharge you. Or, police make arrests too quickly, not understanding the law or evidence. Whatever the case is for your arrest or criminal charge, you need a skilled criminal defense lawyer to represent you in court and work towards a more favorable outcome in your criminal case.
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If you or a loved one faces charges of Second Degree Kidnapping, Violation of Custody Order or Order Relating to Parental Responsibilities or Forgery in Colorado, please call us immediately. Be sure to exercise your right to be silent. Your best defense is calling us today at 303-830-0880 for a free consultation. Together, we can protect your future.Request a Free Consultation
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