Colorado Jury Instruction - 3.2 Civil Theft
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FAQ
?Preponderance of the evidence? means evidence that has more convincing force than that opposed to it. If the evidence is so evenly balanced that you are unable to say that the evidence on either side of an issue preponderates, your finding on that issue must be against the party who had the burden of proving it.
Through a couple of Colorado Statutes (CRS 18-4-401, 18-4-405), victims of civil theft may recover treble (triple) damages, attorney fees, and all costs from one who has exercised control over the property of another with the intent to permanently deprive the owner of it.
There are three burdens of proof that exist for most cases: proof beyond a reasonable doubt, clear and convincing evidence, and preponderance of the evidence.
In any such action, the owner may recover two hundred dollars or three times the amount of the actual damages sustained by him, whichever is greater, and may also recover costs of the action and reasonable attorney fees; but monetary damages and attorney fees shall not be recoverable from a good-faith purchaser or good ...
1. The plaintiff has the burden of proving (his) (her) (its) claim(s) by a preponderance of the evidence. 2. The defendant has the burden of proving (each of) (his) (her) (its) affirmative defense(s) by a preponderance of the evidence.
In Colorado, the statute of limitations (or time limit) for prosecutors to file theft charges is three years for felony theft ($2,000 or more), 18 months for misdemeanor theft ($300 to less than $2,000), and six months for petty theft (less than $300).
In civil cases, the plaintiff has the burden of proving their case by a preponderance of the evidence, which means the plaintiff merely needs to show that the fact in dispute is more likely than not.
In Colorado, the crime of theft is treated as a misdemeanor if the value of the stolen property is from $300.00 to $2000.00. If the value if less than $300, then it is a less-serious petty offense. If the value exceeds $2000.00, then it can be charged as a more serious felony offense.
In criminal cases, the burden of proof lies on the prosecution, while in civil cases, it's placed on the plaintiff. The standard of proof required in criminal cases is much higher than in civil cases because a criminal conviction carries severe consequences, including the loss of freedom or even life in some instances.
To state a claim for malicious prosecution, the plaintiff must allege that (1) the defendant brought or pursued a criminal case against him in bad faith; and that (2) the criminal charges against him were finally terminated in his favor.