Building a Maryland Theft Defense

Defense strategies for theft cases really vary depending on the nature of the charges and the nature of the offense. One common defense strategy is to argue that the defendant actually had a right to the property (depending on the nature of the transaction) or that the defendant had a very reasonable expectation that they had a right to the property. For example, if a person is found to be in possession of stolen goods, perhaps the defense strategy could be that they did not actually steal them from the rightful owner, but purchased them from a third party, and had no way of knowing that the goods were, in fact, stolen.

Sometimes, the defense strategy might be to show that the rightful owner of the property is not present in court, especially if the theft is from a business or an organization. A defense attorney may try to show that the government has not actually proven that the rightful owner denied the defendant access or permission to possess the property.

If you are facing theft charges, you should reach out to an attorney who has experience building a Maryland theft defense. Reach out to an accomplished theft lawyer today to begin working on your case.

Prosecution’s Burden of Proof in Theft Cases

The prosecutor must show that beyond a reasonable doubt the accused wrongfully obtained goods or services. That means the defendant took it without permission or they got it by using deceit or deception, and that they took the property with the intent to deprive the rightful owner of their possession of the property. They basically took it with the intent to keep it from the rightful owner.

Steps to Take to Prepare a Theft Defense

When building a Maryland theft defense, an experienced criminal attorney will speak with the charged individual as to what happened, review the specific allegations, and ascertain what evidence, if any, the government has to support those allegations. After taking that information, the attorney will start to identify the strengths and weaknesses of the government’s case and try to exploit those weaknesses. Perhaps the evidence for a particular element of the offense is very weak, and so it might be a strategy to attack the government’s evidence on that element.

There may be an opportunity for the defense to produce significant evidence to counter the government’s evidence on a particular element, and so the defense attorney may send out an investigator to gather, collect or produce evidence for that element. There could be a witness(es) that has critical information. The defense depends on the nature and the specifics of the charge.

Evidence

As soon as a lawyer is obtained, they will want to gather and review any available evidence. An attorney will want any witness statements that were taken, surveillance footage, and photographs that may be available. The facts of the case would dictate other types of evidence available or necessary to building a theft defense in Maryland.

Expert Testimony in Theft Cases

The type of expert necessary in a theft charge would depend upon the type of property involved. For instance, an expert in business or finance who could help identify and clarify some of the technical issues involved that could show that a theft actually did not occur. There may be a forensic expert if the government is relying on fingerprint evidence or DNA evidence.

The defense may want to have an expert in those scientific fields to challenge the evidence linking the accused to the crime. If the government is relying on eye-witness identification, the defense might want an expert to testify on the unreliability of eye-witness identification or the credibility of eye-witness identifications, as the case may be.

For more information about building a Maryland theft defense, reach out to a skilled criminal lawyer today.