Defense Strategies in DC Theft Cases

Theft cases can often be both difficult and overwhelming to maneuver. Because of the various elements involved, it is important to ensure that all the evidence is both appropriately and effectively presented. This can oftentimes be challenging for the average individual to organize, which is why the experience of a knowledgeable lawyer is crucial. The right attorney will be able to produce a strong defense strategy that can assist in lessening any and all penalties associated with your theft charge.

Elements of a Case

In any theft case, an attorney will try to determine where the credibility of the government’s evidence can be challenged, and whether the government has all of the evidence it needs to establish a guilty verdict of theft. The government is going to have prove whether or not an individual engaged in the conduct or intended to engage in the conduct that resulted in the loss of some kind of property or services from another person without giving compensation for it. This can sometimes be very difficult for the government to establish. In any case where an individual is charged with theft, an attorney will be looking for any areas where the government cannot prove a causal chain of events, and attack any areas where there might be a weak link in that chain. This is a very common defense strategy among attorneys, and can often prove to be beneficial on behalf of the client.

Attorney’s Initial Steps

First and foremost, an attorney will want to know whether the government is going to be able to prove that the individual in question was involved in a theft case, and how they are going to prove that. An attorney will want to know what witnesses there were, whether there is any documentary evidence or any other physical evidence, whether there is any video or audio evidence, and whether there were any statements made to law enforcement or any witnesses regarding the allegations on behalf of the accused. An attorney will need to know the full scope of evidence available that the government could potentially use against their client in court.

Further, a lawyer is going to get as much information as possible from their client. The lawyer then determines what witnesses and evidence there may be, and gets investigative staff on board with the case, giving them directions for locating and securing evidence and statements from witnesses and preserving evidence. The lawyer identifies as quickly as possible the areas of defense, gets as much information as possible, and gets their team to track everything and lock down the evidence.

Client Information

An attorney will want to know from their client exactly what happened, and who was involved in order to find out what defense strategies can be employed in a DC theft case. An attorney will need to know what the circumstances were, whether the client made any statements to anyone, whether there were any witnesses, whether they would be good for the defense or bad for the defense, and where the location or locations of the alleged conduct were. This is all important information, so that an attorney can determine whether or not they can find other witnesses, or video or audio evidence. An attorney will want to know what kind of criminal background, if any, their client has because they will need to know how aggressively the government is going to be coming after the individual. Prosecutors typically go after repeat offenders more harshly, so an attorney will want to be aware of that immediately. Further, an attorney should be aware as to what type of employment their client is involved in, and what their educational background is. This information can be incredibly valuable, because an attorney will want to be able to present their client as a productive, quality member of society who is not involved in this conduct or, if they were, that it was either a mistake or an aberration. All of this can help an attorney determine which defense strategy would be both most appropriate, and most effective.

Challenge of Defending Theft

Oftentimes, theft cases are brought forward after a defendant is apprehended with the stolen merchandise in their possession, which can narrow the scope of usable defense strategies in a DC theft case. There is a general presumption that if an individual has some stolen item in their possession, they knowingly took it for their own benefit. Oftentimes, that can be an initial issue that an attorney will have to deal with. Further, if an individual made any kind of statements to law enforcement or police, it can be particularly challenging to get around those in terms of trying to explain or suppress them. Theft cases typically involve allegations that the person is dishonest. Prosecutors, judges, and juries are less likely to believe the word of a person who is accused of some kind of dishonest act, and that can be a challenge going forward in the case.

Constitutional Issues

With any criminal case, the defense attorney must carefully analyze the manner in which law enforcement recovered any evidence, particularly if it is from their client’s property. The attorney must evaluate the manner in which their client gave any statements, because there are constitutional protections against warrantless searches and seizures of people and evidence.

There are constitutional protections against being interrogated without having the Fifth Amendment rights explained to the individual. In any criminal case, defense attorneys examine the specific facts to see if there are any areas where their client’s constitutional rights were disregarded, not upheld, or not followed by law enforcement or the prosecution. If a violation is egregious enough, an entire case can be dismissed. It is critical in every criminal case to examine the specific facts around those issues, so a lawyer can properly present a theft defense strategy.

Benefits of a Lawyer

Anyone accused of or arrested for a crime must have qualified, experienced counsel who is specifically experienced in their type of case and in the jurisdiction and court in which they are being prosecuted. This is critical, because an individual will want to make sure that their lawyer knows the law, and knows all the players involved in the prosecution of the case.

When someone is arrested on suspicion of theft, a defense attorney who is familiar with theft cases will know exactly what to expect from law enforcement. The defense attorney can advise the person as to what their rights are, what to say, and most importantly, what not to say. The attorney can advise whether to give any statements to the police and under what circumstances, what to expect with the process, and how to go about communicating with law enforcement and the prosecution. The attorney can guide the person through the process of defending the case, and explain how they can help with the gathering and identification of evidence. An experienced, qualified defense attorney is invaluable to a defendant in a criminal case.