What Steps Should You Take If Facing Felony Theft Charges?
Remain Silent
When you are arrested for any crime, you have certain rights, including the right to remain silent. It’s therefore advisable to remain silent until you’ve spoken to your lawyer, even if you disagree with the allegations being made.
The police may try to talk to you during and after your arrest. However, they cannot compel you to speak, and your silence can’t be used as an admission of guilt.
Consult a Criminal Defense Lawyer
Under the Sixth Amendment of the US Constitution, you have the right to consult a lawyer before being questioned. Hiring a criminal defense attorney ensures you have access to professional legal advice that you can trust. Your attorney will advise you on how to handle the police interview and prepare the strongest possible defense if the case goes to court.
For more information, click here to read how an attorney can help with felony theft charges.
Don’t Discuss the Case With Family and Friends
If you make a phone call from the precinct or county jail after your arrest, be careful what you say. The authorities are entitled to listen to your conversation and use any information they obtain.
Conversations with your lawyer are the exception to this rule. The police are not permitted to listen to privileged communications you have with your legal representatives.
Agree on a Defense Strategy
An experienced lawyer will construct your defense strategy based on the information you provide. It’s therefore advisable to be honest and to make a full disclosure to your lawyer. Possible defenses may include:
- Mistaken identity
- Duress
- Lack of intent
- Consent
- Alibi
- Disputed ownership
Your lawyer may also prove that the value of the stolen property is lower than alleged. This may be sufficient to drop the theft charges from a felony to a misdemeanor, which carries a lower penalty.
Show Up in Court
If you have been held in jail, you will be taken directly to the court for arraignment. This must happen within 10 days. If you have been released on bail, the arraignment must take place within 30 days.
For felony theft charges, you must attend the arraignment in person. This differs from being charged with a misdemeanor, where a lawyer can appear on your behalf. If you fail to show in court for a felony charge, you could be given additional time in jail.
Felony theft is a serious charge, so an experienced lawyer is vital. By making a full and honest disclosure to your lawyer, you can decide on the optimum defense strategy that represents your best interests in court. Avoiding a jail sentence may be possible but depends on the circumstances of your case.
