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Responding to Theft Charges

Being charged with a serious crime such as theft can be devastating. 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. An attorney experienced in handling theft cases is skilled at avoiding prosecution whenever possible. 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 is your first, best response to any type of criminal charge.

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 is attempting to arrest you, be polite and cooperative, but immediately inform the officer that you do not want to talk without your attorney 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 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 to a lesser offense without first discussing the consequences with your attorney. In many states, once you have one theft offense against you, 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.

What Must the Prosecutor Prove?

The prosecutor in a theft case must prove beyond a reasonable doubt that you are guilty of all of the elements of any crimes that make up the theft offense with which you are charged. If you admit to anyone that you committed the crime, that person can tell the court what you said to show that you intended to steal the property. The prosecutor will give evidence to the court, using witnesses or documents, and can use anything you said voluntarily against you. You can cross-examine the prosecutor's witnesses if you disagree with their information.

What if the Judge Finds Me Guilty?

If the judge finds you guilty, you will receive a sentence, which could include probation, community service, a restitution order requiring you to pay money to the victim, a fine, a jail term, or a prison sentence. If you are found guilty of stealing from your employer and you were in a position of trust (for example, if you were a bookkeeper or a cashier), the judge will treat the matter seriously and you may receive a jail term even if you stole only a small amount and have no prior criminal record.

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. Therefore, you must engage an attorney as soon as possible to 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.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.