More often than not, someone just happens to be in the wrong place at the wrong time, and not all accusations can be assumed correct. When someone is accused of theft and charges are held against them, there are some defense strategies that can be applied to the circumstances. Today, we at Kajioka & Associates, Attorneys at Law would like to offer some examples that can be used for your defense against theft charges.
Evidence Needed to Prove Theft
For starters, the prosecution has to prove the defendant committed the crime with mental intent to convict that individual of a theft. It always comes down to the facts to determine which way the trial may go and with several possible legal defenses which can apply in theft cases, it is important for the defense attorney to know all the details. An alleged theft may have been presumed from an honest misunderstanding or done under duress. Several general defenses can be used, assuming that a theft did actually take place.
Possible Defense Strategies for Theft
Drunk: The attorney may successfully defend theft charges in the event a person can establish they were intoxicated at the time of the alleged theft. They may have an intoxication defense if an individual is unable to form the required intent to steal, regardless if the they were under the influence of alcohol, chemicals, or drugs. For instance, this defense can be applicable if person is too drunk to notice the expensive leather coat wasn’t theirs.
Claim of Right: If a defendant can establish, they had a good faith belief the property was theirs to begin with, a person accused of stealing property can have a valid defense. It is not as simple as just claiming it was the defendants, the claim must be supported, with receipts for example.
Return of Property: Too many people presume that returning the allegedly stolen will erase the crime and preclude them of being charged with theft. A defense is not provided with the return of stolen property. Returning the item may help reduce the penalties if convicted and doing so can lay a foundation for a plea deal with the prosecutor.
Entrapment: Any time a person commits a crime but was encouraged, or induced, by someone in order to prosecute the target, it is entrapment. If the idea to steal came from the entrapping person with the goal of apprehending and prosecuting the targeted person concerning a theft charge, the entrapment defense applies.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
A common occurrence is when someone is out shopping and stop to use the restroom while carrying unpaid merchandise. The security team catches the incident and presumes theft, which leads to cops being called and you being charged with theft. The defense can range from entrapment to innocent misunderstanding. In any case, you need an experienced attorney fighting for your defense. If you have been arrested for theft in the Las Vegas, NV Valley, call in the experts of Kajioka & Associates, Attorneys at Law and let our team of experts assist you and defend your rights.