What to Do Right After a Theft Arrest
A theft arrest doesn’t mean you are guilty. You should try to stay calm. It is natural to feel anxious in such a situation, but staying coolheaded will help you make better decisions. Then you should contact a criminal defense attorney to discuss your case. They will explain your legal options and rights.
Theft can carry fines and penalties. By taking quick action and securing an experienced theft defense lawyer in Burbank, you give yourself the best chance at a positive outcome. It’s also best to know the different types of theft.
Petty Theft
Petty theft involves the theft of property worth up to $950. As a result, if you’re charged with a crime, it’s usually a misdemeanor. You may face a potential penalty of 6 months in jail and a fine of as much as $1,000.
Grand Theft
Grand theft is when someone takes property valued at over $950. The charge may result in a misdemeanor or felony, depending on the factors involved and the defendant’s criminal history. If you’re charged with a felony, you may have to spend up to three years in prison.
Why Speaking with a Criminal Defense Attorney is Imperative
You can’t face a theft charge without legal counsel. Therefore, the help of a criminal defense attorney who handles theft cases is vital. If you want the best outcome for your case, you need to arrange a consultation.
Types of Theft Crimes
Theft is further broken down into classifications. If you burglarize a property, rob someone, embezzle money, or loot a building, you can be charged with theft. The following information provides definitions for these types of theft crimes.
Burglary
This form of theft involves breaking into a structure with the intent to steal. This may involve breaking into a home (first-degree burglary, which is a felony) or taking something from another type of space, such as a commercial building or auto (second-degree burglary).
Robbery
If you steal from a person, using forcefulness of fear, you’re also robbing them.
Embezzlement
If you gain access to someone’s property or finances unlawfully, you can be charged with embezzlement. For example, if you’re an employee who is a bookkeeper and writes a couple of unauthorized checks to yourself, you can be charged with embezzlement.
Looting
Stealing from a store during a state of emergency or during an evacuation order is considered looting or theft.
Getting Arrested and How to Respond
The minutes after a theft arrest can be crazy and confusing. What you do after you’re arrested can make a big difference in how you’re charged and what happens in the future. Knowing your legal rights and what you should do can make all the difference in your defense and the entire legal process.
Exercise Your Right to Remain Silent
When you’re arrested, remember anything you say can be used against you. Exercise your right to remain silent. Tell the officers you want to speak with an attorney before you say anything to anyone.
Only Provide Contact Details
Only provide basic information such as your name, address, and phone number during booking. Again, don’t discuss your arrest with other inmates, law enforcement, or anyone else at the facility.
Retain Immediate Legal Representation
Contact a theft defense attorney as soon as possible after your arrest. You’ll want to do this for several reasons. Not only will it protect your rights, but getting legal representation will preserve evidence that may help in your case. This type of evidence is known as exculpatory evidence.
Get the Legal Process Started
Use the skills of a criminal defense lawyer to:
Protect Your Rights During Initial Proceedings
From the beginning of your case, an attorney represents you, ensuring law enforcement and prosecutors respect your rights. They can prevent you from making incriminating statements and guide you through police questioning if needed.
Preserve the Evidence that Can End Up Helping You
Time is of the essence in theft cases. A defense attorney can start collecting and preserving evidence that can help your case right away, including:
- Surveillance footage that is deleted after a certain period
- Witness statements, while memories are still fresh
- Documentation of the scene of the alleged incident
- Records of any transactions or communications related to the case
Remember: Early Intervention by a Criminal Defense Lawyer Equals Better Results
When an attorney gets involved early in the process, they can:
- Negotiate with prosecutors before charges are filed, potentially reducing charges while establishing alternative resolutions.
- Find procedural errors or constitutional violations that can get evidence suppressed or a case dismissed.
The Consequences of a Conviction
A theft arrest can have immediate effects outside of the criminal justice system. Therefore, a conviction can affect your chances for employment, professional licenses and designations, immigration status, housing opportunities, and educational privileges.
How Your Attorney Will Support You During the Legal Process
A theft defense attorney will start working on your case in one of several key ways. To understand the process, you need to review their steps.
Step one: Case Review and Evidence
Your attorney will review the evidence against you, including:
- Police reports
- Witness statements
- Surveillance footage
- Physical evidence
- Property ownership and value documentation
Step two: Investigation and Defense Planning
Based on the initial review, your attorney will:
- Interview witnesses
- Gather exculpatory evidence (Information that absolves guilt)
- Find constitutional violations
- Develop preliminary defense strategies
- Evaluate plea bargaining options
Step three: Court Management
Your attorney will handle everything for you, including:
- Representing you at the arraignment
- Filing motions
- Negotiating with prosecutors
- Preparing for hearings
- Preparing for trial, if necessary
Step four: Defense Strategies
Early intervention by an attorney allows for the development of strong defense strategies, which may include:
Challenging the Evidence
Your attorney can review the evidence against you for:
- Procedural errors in the arrest or investigation
- Constitutional violations
- Chain of custody issues with evidence
- Reliability of witness accounts
Step five: Determining Intent
Theft requires specific intent. Your attorney may argue:
- There was no intent to steal
- There was a belief of ownership or the right to possession
- The case is based on a mistaken identity
- There was consent or authorization for the money or item to be taken
Step six: Negotiating Alternative Resolutions
In many cases, alternative resolutions may be available, especially for first-time offenders. These may include:
- Diversion programs – Dismissing charges for completing court-ordered programs.
- Restitution agreements – Repayment for the value of the items stolen.
- Reduced charges – Pleas bargaining agreements
- Deferred entry of judgment (DEJ) -Entering and completing an education program to dismiss a case after a defendant enters a plea of “guilty” or “no contest.”
Long-term Impact of a Theft Charge
A theft charge can affect personal and professional relationships. It can also affect how you make a living or where you can choose to live. By retaining legal services, you can remove your criminal history from your record.
Clearing Your Criminal Record
Your attorney can help with:
- Expungement
- Record sealing
- Getting a certificate of rehabilitation
- Other post-conviction relief options
Contact a Criminal Defense Theft Lawyer Now
Again, don’t wait to seek legal help after a theft arrest. Make sure you have someone competent to represent you in the legal arena. Talk to a criminal defense attorney right away.