Table of Contents
//- What happens right after an arrest for theft?
- The police report doesn’t tell the whole story
- Are You Going To Be Charged With Theft?
- Your First Court Date Counts
- What Can a Theft Lawyer Help With?
- Can the Charges be Reduced or Dismissed?
- What if you really took the property?
- Be careful what you say on the internet.
- And the property?
- How a Platinum Criminal Defense Law Firm Can Help
- Don’t Let an Arrest Dictate Your Future
- Frequently Asked Questions (FAQs)
Getting arrested for stealing might make you feel terrified, angry and unsure of what’s next. It may appear to go rapidly. One minute you’re answering questions. Next thing you know, you have a court date. Take a deep breath. An arrest is not a finding of guilt. After an arrest the state still has to prove its case. You have rights, you have choices. A Theft Lawyer can assist you comprehend those decisions and safeguard your rights as the case progresses. The steps can differ depending on the state and the details of the case. But in most incidents of theft, it takes a broad path.
What happens right after an arrest for theft?
Police can book you at a station or jail if you’re arrested for stealing. This may include your photo, fingerprints and basic information. You may also have your personal belongings retained for safekeeping. The police may ask questions during processing. No need to give the full story right there and then. You have a right to know what your rights are before you make any specific statements regarding the alleged theft. The next step could be a bond or bail hearing. The judge can impose conditions on your release. Those terms may include avoiding particular persons or places. Rules vary by state. Your lawyer can tell you what is applicable to your situation.
The police report doesn’t tell the whole story
When you first read a police report, it can seem convincing. But it’s one piece of the puzzle. A theft lawyer can evaluate the report and compare it to other evidence. This could include footage from the business, witness testimony, texts, receipts, photos and other data. Sometimes little things mean a lot. Maybe a witness didn’t see the whole picture. Maybe the video doesn’t show what transpired before the claimed theft. Perhaps you had authorization to utilize the property. Those facts can influence the perspective of a case.
Are You Going To Be Charged With Theft?
An arrest and a formal criminal charge are not usually the same. Prosecutors could look at the case after an arrest to decide what charges to bring. Sometimes the prosecutor will charge the exact crime police detailed. The charge can vary in several cases. The value and type of the attribute may also be important. Some states have multiple levels of theft dependent on the value of the property. For example, a theft of lesser value may be a minor offense. A higher-value allegation can lead to felony prosecution. The specific rules vary from state to state.
Your First Court Date Counts
If charges are brought, you will probably be given a court date. This first hearing may be termed something different in your state. “Maybe you will be told the formal charges and the terms of your release. The court may also set a date for future hearings. Now is not the time to overlook paperwork. Missing court dates might bring new legal concerns. Save a copy of any notice you get. Write down every date. If you don’t understand something, consult your lawyer. It sounds simple, but these little measures can save you from huge headaches.
What Can a Theft Lawyer Help With?
A theft lawyer can take a look at your case from the bottom up. That involves considering what police say happened, what witnesses say happened and what the evidence actually shows. Your lawyer can also seek legal issues that might affect the case. Your lawyer may, depending on the facts:
- Review police reports and evidence
- Look at the security footage
- Question: Witness Testimony
- See the alleged value of the property.
- See how evidence was gathered
- Possible Defenses
- Plea deals
- Pursue dismissal where the circumstances so dictate
- Prepare the case for trial as necessary
Each case is unique. A defensive strategy should suit the facts, not a checklist.
Can the Charges be Reduced or Dismissed?
Some theft cases do result in reduced charges or dismissal. But there are no guaranties. The prosecutor may be worried about the evidence. A witness can change his story. Video may not support original claim There could also be legal questions about how the evidence was obtained. Your lawyer can put these things before the prosecutor or the court. In other circumstances, a plea deal may result. There may also be alternatives such as diversion, depending on the facts and the local law. There is no single right way. It is contingent upon your record, the charge, the evidence, and other aspects of the case.
What if you really took the property?
This is a frequent question. A defense to theft isn’t usually about denying that anything happened. The law may depend on intent, ownership, authorization and other variables. You might have taken the property, for instance, thinking you had permission. Perhaps you assumed the property was yours. Maybe there was a dispute over ownership. Facts are important. Even if someone made a bad choice, a lawyer can help clarify the legal dangers and options . Honesty is essential with your lawyer. Your lawyer needs the complete narrative so he can prepare adequately.
Be careful what you say on the internet.
If you are arrested, you might wish to tell friends what happened. You could even be tempted to post on the internet about it. Don’t treat social media as a private diary. Posts, messages, images and comments may be significant to a criminal case. Friends can also echo what you told them. Don’t post anything on social media until your attorney evaluates the situation. You don’t have to present your argument online. Save your energies for the court room.
And the property?
In certain circumstances of theft the property may still be in existence. You could have it. The police could have it. Somebody else could have it. The case isn’t over just when you got your property back. The theft suspected may still be investigated. The legal consequence of the return of property relies on the facts and law of the state. Before doing anything that might affect the case consult your attorney.
How a Platinum Criminal Defense Law Firm Can Help
If arrested for theft, having clear legal information might help to make the process easier to understand. Platinum Criminal Defense Law Firm defends clients charged with crimes in the United States. David Benowitz is a veteran criminal defense lawyer dedicated to defending individuals with serious legal challenges. The business says Mr. Benowitz has substantial trial expertise and is a faculty member of Harvard Law School’s Trial Advocacy Workshop. The firm’s strategy is to look at the facts and create a defense around each client’s case. Been arrested for theft? Don’t wait until the next court notification has you overwhelmed. Get your documents together and call a criminal defense attorney as soon as you can.
Don’t Let an Arrest Dictate Your Future
The world is falling down on you with a theft arrest. It doesn’t have to be the moment that defines your life. The next steps are important. And so does how you respond to the charge. Don’t guess about your rights. Don’t ignore court filings. And don’t think that the police report is the whole story. A theft lawyer can analyze the evidence, discuss the options available to you and help you to make a decision about what course of action you wish to take. There may be more possibilities for you than you think. First you have to figure out what they are.
Frequently Asked Questions (FAQs)
1. What happens when I am arrested for shoplifting?
You may have to endure booking, release procedures and a first court hearing. The prosecutor can then evaluate the case and determine what charges to file. Your lawyer may tell you what you’re charged with, when you have to go to court, the conditions for getting out of custody and how you might defend yourself.
2. If I am arrested for theft would I be released?
In many circumstances yes, however state and case rules vary. The judge can impose bail or other terms of release. The court shall examine the charge, past record and other facts in making such a determination.
3. Can a theft arrest be reduced?
A theft case can sometimes be dropped, but no lawyer can guarantee such an outcome. Evidence problems, witness problems, legal problems, or other facts may lead to a request for dismissal. Your attorney can evaluate the case and tell you if those difficulties might apply.
4. Do I have to speak to the police following an arrest for theft?
Before you talk about the details of the claimed theft, go to a lawyer. When being investigated for a crime, you have legal rights. An attorney can clarify those rights and help you understand the consequences of making statements.
5. Should I get a theft attorney for a first offense?
Even a first-time infraction might entail hefty penalties. The charge can impact your record, your work, your housing or other elements of your life. A Theft Lawyer can discuss the charge with you, and assist you understand various methods to resolve the case.