The person who steals often admits that they know what they did was wrong. But, is it ever that simple? Once the case comes to light in the courts, one can’t apologize and shrug. A Theft Defense lawyer will work through three main points to build a strong case. He or she will work through these options as the main basis for the case begins to unfold.
Inducing the Theft
Entrapment is a viable argument with a Theft Defense Lawyer. The core idea is that the individual whose item/s were stolen somehow encouraged the theft to happen. He or she then trapped the individual after coercing them to take action. It is an excellent first point of entry in a theft defense case, but it is hard to navigate.
Intoxication
The second main point is intoxication. If the person who stole was intoxicated during the situation, the courts may see it in a different light. The behavior is not excusable, but it makes sense. This claim may remove any malicious charges of intent, and a case with this defense usually ends in dismissal.
The Last Choice Defense
It would seem that the argument of the property being the person’s who stole it is an easy one. The problem is that it is difficult to prove that as the truth. Receipts are rarely kept, and it becomes a “he said she said” situation. That is why it is the last resort when developing a theft defense.
Yet, simply bringing up the right of ownership is often enough to create a sense of doubt with the courts. There may not be evidence to back it up. Interestingly, the other individual may not have the evidence either. The case may often be dismissed (though the item is rarely returned). Any of these arguments can be combined to make for a stronger defense.
These are the three main arguments made in a theft defense. They leave some room to negotiate and navigate. Contact James E. Hitchcock for a discussion about a theft-related arrest. The courts are often busy with more heinous criminal behavior. A theft defense and dismissal is often likely. You can also follow them on Twitter.
