what type of attorney do you look for for being charged with theft

What should I do if I’m charged with retail theft?

Feb 29, 2016 · A skilled identity theft lawyer will be able to look at the facts of your case and determine the best strategy to defend you against identify theft charges. Which is incredibly important, because penalties can be severe .

What is the legal process for a theft or fraud charge?

In defending theft cases, they are usually straightforward. Most people, who are charged with theft, did commit the crime. But, that does not mean that the person is going to be convicted of the crime. The defense lawyer’s obligation is to hold the prosecutor to their burden of proof. There may be defects in the prosecutor’s case that the person charged did not know about.

Do I need a lawyer for a workplace theft claim?

If you have been charged with a theft case in district or municipal court, such as a theft 3, shoplifting, or other misdemeanor charge, a private attorney can "waive" the arraignment, meaning you would not need to go to your first appearance. This is something that we do for all of our clients when we have been hired before the first appearance.

What kind of lawyer do I need for a criminal case?

Tactics That Are Employed By Attorneys To Defend Theft Charges. Interviewer: Are there any specifics in the area of theft crime defense that they work better than others? Ben Kelsen: Some of it depends on the type of case, if you have a case that’s involving a theft of services, a stronger defense on those cases is going to be that the person has no intent.

What to do if you are accused of stealing?

How to Deal With Being Accused of TheftKeep hold of any evidence. Before anything else, you need to keep a clear head and try and recall if you have any evidence. ... Try not to take things into your own hands. The very last thing you want to do is attempt to solve this issue yourself. ... Seek legal guidance.Mar 25, 2021

How do you defend a theft case?

Assuming that a theft did actually happen, several typical defenses can be used.Claim of Right. A person accused of stealing property can have a valid defense if they can establish they had a good faith belief the property was theirs to begin with. ... Drunk. ... Return of Property. ... Entrapment. ... Get a Lawyer. ... The Takeaway.

What type of case is theft?

Theft is a crime that sometimes goes by the title "larceny." In general, the crime occurs when someone takes and carries away someone else's property without permission and with the intent to permanently deprive the owner of it.

Can you sue someone for theft?

If you are accused of theft, the business can still take civil action for compensation against you, even if they have recovered the goods they claim you stole. ... For example, if you have been accused of theft, the business must prove that you committed the theft.

What are the 3 burdens of proof?

These three burdens of proof are: the reasonable doubt standard, probable cause and reasonable suspicion. This post describes each burden and identifies when they are required during the criminal justice process.Mar 26, 2020

What is stealing considered as?

Theft is the taking of another person's personal property with the intent of depriving that person of the use of their property. Also referred to as larceny.

What are the 3 categories of theft?

Theft crimes are crimes that involve the unauthorized taking of the property of another with the intent to deprive them of it permanently. Historically, theft involved three different categories of crime: larceny, embezzlement and false pretenses.Oct 15, 2021

How much jail time can you get for theft?

For a misdemeanor, the worst outcome possible could be up to one year in jail. However, for a misdemeanor offense, that is pretty uncommon. If it is a felony theft, or when the value of the stolen item is $1,000, then an individual could face a lengthy jail sentence, and fines up to $100,000.

What are the 6 types of thefts?

Common Types of Theft Crimes in CaliforniaPetty Theft. Anytime an individual steals property valued up to $950, it is considered petty theft and is a misdemeanor. ... Burglary. ... Robbery. ... Embezzlement. ... Grand Theft. ... Grand Theft Auto. ... Receiving Stolen Property.

How do I make a claim for stolen money?

How Do I File an Insurance Claim For Break-Ins and Theft?Report the crime to the police. You will likely need to provide the police report to your insurance company in order to make a claim.Have emergency repairs done. ... Take photos or videos of damage. ... File a claim with your insurance company.Dec 9, 2020

How can I get money back from someone stealing?

You have two options. One, you can file a lawsuit against them and have it served on them. It will be your burden of proof to show that they took your money. If you didn't have a contract, or if you didn't have any witnesses, filing a lawsuit might be a waste of your time and money.Apr 29, 2013

Is theft a civil Offence?

Examples are murder, assault, theft,and drunken driving. Civil law deals with behavior that constitutes an injury to an individual or other private party, such as a corporation. Examples are defamation (including libel and slander), breach of contract, negligence resulting in injury or death, and property damage.

Why do you have to have a pre-trial hearing?

It is very common to ask that a case be “continued” at a pre-trial hearing to give the parties sufficient time to fully investigate and negotiate your case. In some courts, the pre-trial hearing is the best opportunity to negotiate with the prosecutor on your case. There may be a designated negotiating prosecutor present (not in the courtroom, often in a room just outside the courtroom) who has authority to make decisions on your case and is prepared to discuss the case with your attorney.

What happens at arraignment in Washington State?

At arraignment you appear before a judge and are formally notified of the charge (s) filed against you and asked to enter a plea.

Who makes sentencing decisions in Washington?

In Washington State criminal cases, sentencing decisions are made by judges. This is true even if you are found guilty at a jury trial - the judge who oversaw the case would impose any sentence without input from the jury. At sentencing, the prosecutor will make a recommendation to the judge .

Can a criminal case be resolved before trial?

While most cases are resolved prior to a trial, some cases proceed to a full trial. If it is appropriate for your case to proceed to a trial, you may have the option of choosing between a jury trial and a bench trial. A jury trial consists of six (misdemeanor and gross misdemeanor) or twelve (felony) randomly selected people from the community sitting as the “fact finder” who will decide if you are guilty or not guilty of the crime (s) charged. A bench trial allows the judge to be the sole “fact finder” in your case. In general, we recommend a jury trial for most criminal cases. This is a decision you can make after weighing the pros and cons with your lawyer.

What is a motion to dismiss?

Motion to dismiss for failure of the government to preserve evidence. Motion to dismiss for violation of your right to a speedy trial. Motion to dismiss for insufficient evidence of a crime (Knapstad). Motion to dismiss for lack of probable cause to stop or seize. No reasonable suspicion a crime has occurred.

Is theft a crime?

However, most auto theft is actually intentional crime that allows cars to be shipped overseas for a black market. Alternately, the theft allows cars to be taken apart for used parts. The theft can also be a crime of convenience when someone tries to get away from something quickly.

What is the charge of burglary?

However, the burglary charge basically involves going into a premises, whether it is some sort of building, a commercial premises, or someone’s house, with the intent to commit any crime inside that premises. The usual crime committed is larceny, either a petty larceny or a grand larceny.

How long is probation for a misdemeanor?

The basic probationary sentence with a misdemeanor is 3 years’ probation. For a felony, the basic would be 5 years’ probation. The person would get a state prison sentence or one year in county jail. However, this depends on the level of the grand larceny. This is based on the amount taken.

What happens if you are accused of theft at work?

After being accused of theft at work you could be facing two types of consequences: termination and/or criminal prosecution. Obviously, accusations of theft at work are extremely serious and could not only affect your immediate livelihood, but also your employment for years to come.

Can you make a false accusation worse?

You won’t be able to make the situation any better if you get emotional or angry. While a false accusation is understandably frustrating, statements or emails composed in anger are likely to make the situation worse, even when you’ve done nothing wrong. You will only undermine any efforts made to demonstrate that the theft accusations are unfounded.

What to do if you are falsely accused of theft?

Even if you are falsely accused of theft, it is advisable to limit your statements . Seek Legal Representation. Once you have a better understanding of what you are being accused of and how the investigation is being handled, it’s time to look for experienced legal representation.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

Do doctors make mistakes?

Doctors do occasionally make mistakes, and if you’re facing the consequences of a medical mistake such as a medical misdiagnosis or inaccurate treatment, a lawyer who specializes in medical malpractice issues can be particular helpful.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What happens if you accidentally take something with you?

You accidentally take merchandise with you. Store security catches you, calls the cops and the next thing you know, you are being charged with theft. While the defenses shown here range from an innocent mistake to entrapment, none are valuable if you don’t plead them in the right way at the right time.

Can an attorney defend theft charges?

If a person can establish they were intoxicated at the time of the alleged theft, their attorney may successfully defend theft charges. Regardless of the reason — alcohol, chemicals, drugs — if an individual is unable to form the required intent to steal they may have an intoxication defense.

Does returning stolen property help?

Persons often believe that just returning the allegedly stolen item wipes the slate clean and precludes any charge of theft. Returning stolen property usually doesn’t provide a defense though. While doing so can pain a sympathetic picture and lay a foundation for a plea deal with the prosecutor, returning the item may help reduce the penalties if convicted. Accused thieves often claim the property in question was “borrowed” — not stolen.

Can a person be accused of stealing property?

A person accused of stealing property can have a valid defense if they can establish they had a good faith belief the property was theirs to begin with. While a straightforward defense, it is not as simple as just claiming, “I thought it was mine.” Often, the defendant needs to provide evidence, such as receipts, which supports their claim.

What is retail theft?

A person commits the crime in a number of ways besides simply walking out of the store with the merchandise. For example, altering the price tag on an item is retail theft. Similarly, even though you are still within the confines of the store, if you conceal the merchandise, you may be convicted of retail theft.

How long can you go to jail for shoplifting?

If the value of the merchandise is less than $500, the offense is a Class A misdemeanor, which carries with it a maximum of nine months in jail.

Is retail theft a felony?

A charge of retail theft may be either a municipal ordinance violation, a misdemeanor criminal charge or, potentially, a felony criminal charge. Generally, a first offense shoplifting charge will be issued as a municipal ordinance violation. For such convictions, there is no possibility of a jail sentence. It is not a criminal offense.

What to do if you are charged with retail theft?

Ifere are the top five things you should do if you find yourself facing a charge of retail theft: Do not flee store security. Most times, the police are not involved in an initial arrest for shoplifting. Instead, the defendant is likely to first be confronted by unarmed private security officers . If one is guilty of shoplifting ...

Is shoplifting a felony?

Finally, shoplifting is a A Class G felony if the value of the merchandise exceeds $10,000, which carries up to ten years in prison. Bear in mind that where a number of items are involved in the retail theft, it is the combined value of the items that determines the penalty. Also, if the State can prove that the defendant was involved in ...

What to do if you are arrested for shoplifting?

Make restitution . Many times if a person is arrested for shoplifting, this means that he or she did not get away with the merchandise. Under those circumstances, there may not be any restitution due; however, if the police tell you that the merchant is seeking restitution, you should make restitution immediately.

Can you challenge a detention order in court?

Firstly, if the detention is illegal, you have the right to challenge it in court. However, if you resist or run from the private security officers, this is strong evidence of guilt. Also, this sort of dangerous uncooperativeness makes an informal resolution of the case much more unlikely.