Theft is a pandemic. More than 5.2 million thefts occurred across the United States in 2018. That means that theft occurs once every six seconds.
When you have been charged with theft, you may feel overwhelmed. You don’t know what your future will be, and you don’t know who to turn to. But you can walk out of jail once you have the facts.
What are theft charges? What are the first things you should do when encountering police? What can a criminal defense attorney do for you?
Answer these questions and you can launch a successful defense from theft charges. Here is your quick guide.
Contents
Understand Theft Charges
Theft has a very specific legal meaning under the 2011 Florida Statutes. Someone commits theft when they obtain or try to obtain someone else’s property to deprive them of some benefit of the property. The property may be a family heirloom, or the victim may have been trying to sell it.
The thief appropriates the property for their own use. They can steal it for someone else, and that still counts as theft. Theft can be temporary or permanent.
You may have heard of “grand theft.” This is when someone steals property that is worth more than 300 dollars. The more expensive the property is, the higher the penalties are.
Shoplifting charges are not distinct from theft charges. Larceny is an umbrella term for theft, involving the unlawful taking of belongings from another person.
Your Initial Steps
Whenever you encounter the police, you should say absolutely nothing to them. The police may ask you an innocuous question like, “What are you doing out here?”
Even this can reveal information that they can use to arrest you. When the police approach you, tell them that you are invoking your right to remain silent.
Officers are allowed to detain you so they can determine who you are. If they ask for identification, you should hand it over. They are allowed to search you if they believe you have a dangerous weapon.
But you are under no obligation to say or do anything else. You do not have to consent to a search of your vehicle or home.
Do not make any movements or gestures that seem threatening. Keep your hands away from your pockets. Remain still until an officer tells you that you can leave.
Cooperate if you get arrested. Do not struggle and walk directly into the police car.
You still have your rights while you are sitting in custody. Tell them that you will not answer their questions until you have a lawyer present. Call a lawyer as soon as possible.
Contact a Criminal Defense Attorney When Charged With Theft
The police will not give you the number of a criminal defense attorney for theft. If you don’t know who to call, contact your family and ask them to find someone for you.
You can receive an attorney if you can’t afford one. But many public defenders have dozens of clients to work for. They may not offer the full legal assistance that an attorney you pay for can provide.
When the attorney arrives, have a conversation with them. Whatever you tell them remains confidential, so you can divulge whatever you want. The more details you provide, the clearer a defense they can give you in court.
Your first hearing is your bail hearing. Nearly all non-violent theft cases have small bail fees. If you pay bail, you can leave prison, but you must attend all required hearings and not get arrested.
Having an attorney is essential to securing bail. They can negotiate rates with the judge and prosecutor.
Your first court appearance is the arraignment. You will plead “guilty,” “not guilty,” or “no contest” to the charges you are facing.
Discuss with your lawyer how you should plead. They may be able to strike a plea deal with the prosecutor. You plead “guilty” to charges, but you receive probation instead of a prison sentence.
Prepare Your Case
Criminal defense attorneys have years of experience with many different cases. They can prepare your defense for you, but they may need your help in a few areas.
An alibi shows that you were in a different location when the theft occurred. Provide evidence that shows you were someone else. If you were using your computer, hand it over and show them your browser history.
Admission of evidence can make or break your defense. Something may seem incriminating, but it actually has no connection to you. Point that out to your lawyer so they can bring it up in front of a judge.
Decide with your lawyer if you want to testify during the trial. Keep in mind that testifying gives the prosecutor the right to cross-examine you. If you will get nervous while being asked questions, invoke your right not to testify.
Find witnesses who can vouch for you. This includes character witnesses who can talk about how you would never commit theft.
Take notes and come up with questions as the trial is going on. Do not speak unless the judge asks you a question.
Touch Base With an Experienced Lawyer
Getting charged with theft can be a frustrating experience. If you know what to do, you can decrease the pain.
Theft charges pertain to depriving others of their property. It can be temporary or permanent.
Never talk to the police. Do talk to a lawyer and give them the information they need for a defense.
Help your attorney by finding an alibi and witnesses who can vouch for you. But let them run their investigation and conduct themselves in court.