Theft Info Center
Responding to Theft Charges
Being charged with a theft crime is a serious matter. If you are faced with the possibility of theft charges, you should immediately retain an experienced attorney. In some cases, an attorney may be able to negotiate civil restitution so that no criminal charges are brought, and some prosecutors will not pursue a charge if civil negotiations are progressing. If a civil resolution is not possible, an attorney hired early in the process may be able to help you avoid jail even if charges are brought against you. Retaining an attorney should be your first response to any type of criminal charge. An experienced criminal defense attorney can investigate the facts and build a defense on your behalf.
Responding to Theft Charges
If you believe theft charges are likely, you must watch what you say to anyone. Police may not act in your best interests, may not be required to tell you the truth and may make promises that they cannot fulfill. The best approach is to refuse politely to discuss the investigation with anyone and to request that an attorney be present during any police questioning.
Do not consent to anything, including searches or plea bargains, without first obtaining your attorney's advice. If a police officer attempts to arrest you, be polite and cooperative, but immediately inform the officer that you do not want to talk without your attorney present and immediately call your attorney. Do not discuss your case with anyone other than your attorney, and post bond as quickly as you can. Be careful not to waive any of your rights without your attorney's advice, because you cannot regain many of them once you have waived them.
Meet with your attorney as soon as possible, tell him or her your version of the events, inform him or her whether you have a past criminal record and identify any witnesses that might help or hurt your case. Do not plead guilty to a lesser offense without first discussing the consequences with your attorney. In many states, once you have one theft conviction, subsequent minor offenses become more serious crimes. An experienced lawyer can explain the specific laws of your state to help you understand how the law applies to your particular facts and to assist you in determining whether you should accept a plea bargain.
Defenses to Theft Crimes
Depending on the particular situation and the jurisdiction, the following defenses may be available to a defendant charged with a theft crime:
- Claim of right: where the defendant honestly believed he had a right to acquire the property
- Consent and presumed consent: where the victim consents to the taking or where the defendant reasonably believes that the owner would have consented to the defendant taking the property if present.
- Nonexculpatory defenses: including statute of limitations, immunity (judicial, legislative and executive; testimonial; and plea-bargained immunity), incompetence and entrapment
Conclusion
Whether accused of petty theft or first-degree robbery, a defendant must take the charges seriously. A conviction or guilty plea can have serious, detrimental long-term effects on the defendant's life and career. A criminal defense attorney can analyze all available options, investigate the allegations thoroughly, interview all witnesses and request all the necessary evidence from the prosecutors in order to help you minimize the effects of the charge.
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