A theft charge can turn your life upside down in a hurry. Even one police report, arrest, or store incident can be incredibly stressful. You may be worried about jail, penalties, work, family or your name. The good news, though, is that a criminal charge is not the same as a guilty finding. But the prosecution must still prove its case under the law. That is where a seasoned Criminal Defense Attorney may make a difference. A theft attorney will review the facts, evidence and allegations against you. The objective is simple: to safeguard your rights and establish your defense on the facts.
What is Considered Theft or Larceny?
Theft rules are different in every state. But many theft prosecutions contain the assertion that someone took things without consent. Larceny is frequently defined as the taking of a person’s property with the aim to deprive the owner of the property. Other theft charges can be fraud, shoplifting, embezzling or taking goods by deception. The exact charge is important. And so does the value of the property. In some states, the value of the theft determines whether it is charged as a misdemeanor or a felony. A felony charge can carry a lot more serious consequences than a little theft charge. That’s why you don’t handle every theft case like it’s a simple error. A tiny detail can impact the charge or the potential punishment .
First Step: Examine the Evidence Carefully
A theft lawyer doesn’t just rely on the police report. The report is one side of the tale. Your lawyer will have to see the entire record. This can include:
- Police reports
- Video or security footage storage
- Pictures
- Email & text messages
- Statements from witnesses
- Sales receipts & records
- Material evidence
- Interrogation statements
- Ownership records for the property
Why should this matter? Because evidence can lead to inquiries. Or maybe the footage is different from the story. Maybe a witness observed some of what happened. Perhaps the property was taken by mistake. Intent is sometimes the crucial issue.
The Importance of Intent
Many theft cases come down to what a person intended to accomplish. Imagine walking out of a store with anything for free. The shop might say you intended to take it. But what if you believed you already paid for it? That doesn’t necessarily resolve the case. Facts about what you did can still be relevant. A lawyer can look at what transpired before, during, and after the alleged theft. Did you try to return it to her? Did you have the right to utilize it? Did you think the property was yours? These questions may help the defense.
Challenging the Prosecution’s Narrative
The prosecution has the burden of proving the elements of the crime. A defense attorney can challenge each of those elements. For instance, the lawyer may ask:
- Did the person charged take the property?
- Is it someone’s property?
- Did you have permission to take or use it?
- Would the property be kept?
- Q: Can the witness identify the accused?
- Was the evidence obtained lawfully?
- Does the tangible evidence back up the claim?
A case may seem uncomplicated at first glance. Once you look at the facts, it might be a lot less clear. That’s why early legal guidance is important.
What if it was caught on camera?
Video surveillance can be helpful evidence. It can also create questions. A video might show a person taking something, but it might not show everything that went down. The angle may be bad. A lot can happen outside the frame the camera is looking at. The tape may not represent a record of what happened before or after the occurrence. The lawyer may look at the video, plus the statements from the witness, plus other records. The point is not to ignore harmful evidence. It’s to figure out what the evidence actually says.
What if you made a statement?
You can give a statement to police, store workers, investigators or other persons that may be used as evidence in the case. That’s one reason why it’s smart to speak to a lawyer before you start talking about the facts of a pending criminal case. Your lawyer can tell you your rights and what facts you need to know. If you’ve already said something, don’t panic. Tell your lawyer what you told me. When you are honest with your own counsel, it puts him in a better position to put together your defense.
The Ramifications of Theft Charges
Not every theft case ends up in the courthouse. A conviction can influence your work, housing, professional licensing, education or other aspects of your life. Charge , state , final result . Depends on the effect . Some instances may result in fines, probation, restitution, community work or other court mandates. More serious crimes can result in imprisonment or prison term. That’s a lot to get through on a single charge. A lawyer can tell you what is likely to happen based on facts and the legislation that relates to your case.
Can You Get a Theft Charge Dismissed?
Some theft cases are settled outside the court. The outcomes can be dismissal, reduced charges, diversion, plea deal, or trial depending on the facts and the local law. Not every defendant falls neatly into one path. A lawyer can search for vulnerabilities in the evidence, in the law, in the witnesses, or in any other circumstances that might damage the case. The correct strategy relies on what actually occurred. Don’t accept the initial offer from the prosecution.
How Platinum Can Assist Criminal Defense Law Firm
If you are charged with theft or larceny you need an attorney who understands criminal defense and courtroom practice. Platinum Criminal Defense Law Firm represents clients charged with crimes. Its website describes David Benowitz as an experienced criminal defense attorney and founding partner. He is also a faculty member at the Trial Advocacy Workshop at Harvard Law School. The firm provides a free case evaluation on its website. A good defense starts with knowing what you’re up against. It also starts with understanding what the prosecution is able to prove. If you’re accused of theft or larceny, don’t wing it through the procedure. Collect your court documents, collect important information and talk to a criminal defense professional about your case.
Theft Charges Require Careful Consideration
Being accused of theft can be unpleasant and terrifying. You might wish to explain everything all at once. First, breathe. Your case warrants a close look at the facts. A theft lawyer can review the evidence, challenge what the prosecution says, safeguard your legal rights and assist you understand what your choices are. The quicker you are made aware, the quicker you can make judgments based on facts, and not fear.
Questions & Answers
1. What is a theft attorney?
A lawyer who handles theft cases represents clients who are accused of taking something that belongs to another person or committing related crimes. Lawyers can look at evidence, interview witnesses, explain the charges, dispute legal concerns, negotiate with prosecutors and prepare for trial if needed. The precise defense will depend upon the facts and the law of the state where the complaint is filed.
2. Is it possible to get a theft charge reduced or dismissed?
This may happen sometimes, but it is not always the case. The result relies on the evidence, the charge, the person’s past and the law that applies. A lawyer could find weaknesses in the prosecution’s case or try to negotiate a different outcome.
3. What is the difference between theft and larceny?
The phrases can overlap but the legal meaning depends on state legislation. Larceny usually consists of taking someone else’s property without permission and with the intention of keeping it. In other states, more general theft statutes cover a number of different sorts of illicit taking.
4. Do I have to talk to the police regarding a theft charge?
You have the right to deal with a criminal investigation. If you can meet with an attorney before answering comprehensive questions about an alleged wrongdoing, do so. Your lawyer will tell you what your rights are and assist you understand the risks of making remarks.
5. When Should I Call a Theft Lawyer?
If you find out you are being investigated or charged, contact a lawyer immediately. Getting good legal advice early means your attorney can study records, preserve evidence, grasp the allegations and craft a defense. If you can obtain treatment sooner, don’t wait for the court date to grow close.
