Accused of Theft After Finding Lost Property

My question involves criminal law for the state of: Colorado

After shopping at Lowes the other evening, I loaded my car and put my cart away.

I notice something black on the ground in the snow. It was a cell phone in a black case. I sat in my car, looked at it, no ID... I then put my receipts in my wallet and checked my phone for notifications that I had just received regarding my sister who just underwent a double mastectomy so I wanted to read them. I put the cell phone on a dry curb under a parking lot light and drove off.

Within 2 hours I was contacted by a police officer (via phone) who was really mean accusing me of stealing the cell owners wallet. The cell owner was adamant that he/she ALWAYS keeps his or her phone in their wallet at all times so I must have taken their wallet. I tried to explain to the officer that no, I didn't take a wallet but he just badgered me, told me I sat in my car for 2 minutes and didn't I realize that there are surveillance cameras. I told him of course I know about surveillance cameras and asked him why would I hang around if I was going to make off with someone's wallet? He told me that either I go to the police department the next day after 2pm or he'd put out a warrant for my arrest and I'd go to jail. I said "NO, I'll come right now" I wanted to straighten this matter out immediately only to be read my rights and was issued a citation to appear for an arraignment. I did write a statement as I didn't feel I needed an attorney. The officer did sort of apologize for being so rough on the phone and let me leave.

I have NEVER been arrested and charged with anything in my life, I'm a 54 yr. old woman, my husband and I live a very comfortable life, very involved in our church and a charity.
Is this common? Should I be worried?

On your citation, is there a code section indicating what statute you are accused of violating?

Ultimately the state has to prove beyond a reasonable doubt that you stole something (if you are being charged with theft). Picking up a phone and then putting back outside near where you found it is not theft. Though, your state may have another law that covers that (hence the reason I am asking for the statute on the citation).

Is there a reason you did not bring the lost phone into the store and provide it to some staff member? It seems odd to pick it up, examine it, and then place it back outside ... that, alone, would certainly be enough to make you appear a suspect.

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Quoting Susand4235

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I did write a statement as I didn't feel I needed an attorney.

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You really should not be writing any statements to the police without advice from an attorney. There are so many laws on the books, that people could be violating the law without knowing it. You may think that you're confessing to something innocent, but you could be admitting to a criminal act.

As for the wallet and the phone, it's possible that the owner lost both at the same time and that the wallet was picked up by someone else before you found the phone.

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Quoting cdwjava

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Is there a reason you did not bring the lost phone into the store and provide it to some staff member? It seems odd to pick it up, examine it, and then place it back outside ... that, alone, would certainly be enough to make you appear a suspect.

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Maybe the OP did not have time to go back into the store and turn the phone over to lost and found. And looking at the phone and putting the phone back, would make the OP appear to be a suspect of what crime, exactly?

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Quoting TechWorker

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Maybe the OP did not have time to go back into the store and turn the phone over to lost and found. And looking at the phone and putting the phone back, would make the OP appear to be a suspect of what crime, exactly?

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The OP never stated they left because they ran out of time. Besides, if it were the OP's phone that someone found, I'm sure they would appreciate someone turning it in rather than leaving it where it was.

As for what crime they might have been accused of, well, apparently theft.

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Quoting Susand4235

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He told me that either I go to the police department the next day after 2pm or he'd put out a warrant for my arrest and I'd go to jail.

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This may sound like unusual advice, but I think that you should NOT have gone down to the station. Instead, you should have told the officer to go ahead and get a warrant for your arrest. Why do I say this? Well, to get a warrant, the officer needs a judge's approval. It is quite possible that the officer would not have had enough evidence to get that warrant.

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Quoting TechWorker

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This may sound like unusual advice, but I think that you should NOT have gone down to the station. Instead, you should have told the officer to go ahead and get a warrant for your arrest. Why do I say this? Well, to get a warrant, the officer needs a judge's approval. It is quite possible that the officer would not have had enough evidence to get that warrant.

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You do realize the police can and will log the contact. They're not required to arrest you on the spot, they can do it later. Not saying that making it easy was the smart thing to do but the OP really opened a can of worms by going to the station and making a statement.

I suspect that what happened is that you're seen picking up the phone, taking into your car (for any length of time) and then just placing it back on the ground.

It's a lousy thing to do, however, to pick up the phone and then just set it on the curb. That's just lazy and being a crappy person.

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Quoting TechWorker

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You really should not be writing any statements to the police without advice from an attorney. There are so many laws on the books, that people could be violating the law without knowing it. You may think that you're confessing to something innocent, but you could be admitting to a criminal act.

As for the wallet and the phone, it's possible that the owner lost both at the same time and that the wallet was picked up by someone else before you found the phone.

Maybe the OP did not have time to go back into the store and turn the phone over to lost and found. And looking at the phone and putting the phone back, would make the OP appear to be a suspect of what crime, exactly?

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so they had time to sit in their car and look through the phone for some evidenence of
ownership yet they couldn't take the phone inside the store? If they didn't have time to walk into the store, what were they going to do if they found evidence of ownership since they didn't have time to walk into the store?

the op looks guilty. Their actions are not supported by their statements.

People can be convicted on circumstantial evidence if that evidence allows a court or jury reach a conclusion of guilt beyond a reasonable doubt.

Thank you for your replies, they are appreciated.
I do not see a CODE section, I see a charge section, can I post that? Also, I was told this is a municipal court. It also says "General Theft"

As for why did I have time to sit in my car but not bother to go back into the store, how I wish I just ran back into the store, I was not in a mad rush and should have been kind enough to make the effort. I had my sister on my mind, my son was at a music lesson with another kid (they do a duo) I was thinking about talking to the other kids mother, I didn't have to see her but I did want to ask her about some scheduling. I take heavy doses of medication for anxiety and a bipolar condition. My doctor recommended I limit my driving as the medications cause slow reaction. My husband travels a lot for work so I have to drive my son around most of the time. I'm dragging at times. In any case, I wish I could go back in time, there is no excuse for not being considerate, yes I would want someone to put in the little effort it would have taken. There are many things that I often wish I could go back and do different like not being rude to a stranger, let someone in ahead of me, give someone $ that looked like they needed it...
I've never been in such a weird and humiliating position in my life, I didn't even know this type of thing is possible. Is this common? This has been very humbling.
I didn't know or think over my best course of action when the officer called me, I felt blindsided.
He was VERY mean and threatening. I ran to the police station immediately and gave my statement
the officer was much nicer, he apologized for being so rough on the phone, he had me very confused.
I called my husband as he was out of town to tell him where I was, he said I was slurring my words a little. The officer didn't hold me so I guess I didn't seem intoxicated.

At this point your best direction is to talk to nobody other than your attorney. Anybody you speak to is a possible witness that could be called to testify.

Btw: a cop being nice? He was probably trying to get you to admit to
the crime. They do things like that.

I do wonder, why would I hang around if I was in the middle of a theft? Why wouldn't I keep the phone? Why not just take everything and go? My husband made the point why not just take the phone too? Take the sym card out and sell it on eBay or something.