Building a Theft Defense

Every theft case is unique so it is important to tailor each defense based upon the unique characteristics of the offense. A lot of times, people who do steal are stealing because of a drug addiction or some other problem, such as they lost their job. The theft attorney would want to try to get them back on their feet rather than push them further down.

Also, sometimes, in theft, there are certain requirements. A lot of times, people are charged with theft when they are is not necessarily the party to the actual theft. Oftentimes, somebody else gave it to them or they bought it without knowing the property was stolen.

There are a lot of possible defenses based on what the evidence is and what role the individual had in it—whether they were one suspected to have stolen the item or simply pawned it. Each case is unique and as your Baltimore theft attorney, we will make sure to explore every possibility depending on the unique circumstances to each case.

Defense Approach

The first question an attorney asks is, can the charges be overcome. If so, then probation need not necessarily be taken into consideration. However, if the evidence is strong and conviction is a real possibility, then probation may be worth exploring.

As far as probation is concerned, there is room for tailoring. In advance of the sentencing date, the client and attorney will work together to put the individual in the best light possible. If there are addiction problems, this would mean checking into a treatment facility. If there are financial problems, then finding employment is advisable. The goal is to show that the individual is taking steps to effect change. A judge will be more inclined to not disrupt that progress.

The approach then is to request that, rather than punish this person and put them behind bars, lay out some well-defined parameters and supervise them. Maryland also has something that is relatively unique called the probation before judgment.

Probation Before Judgement

Probation Before Judgment is when the court gives the individual the benefit of the doubt before guilt has been determined. Rather than immediately set out to convict someone who has been accused, the court assigns probation as a way for the defendant to show progress and establish a pattern of improvement. Most other states do not have it. Some states have an equivalent but they call it something different.

This approach has multiple benefits. First, unlike a conviction, Probation Before Judgment is not a guilty finding on someone’s record. Because it is not a conviction, anybody who receives it can honestly answer “No” to the question “Have you ever been convicted of a crime” on future employment applications.

Second, after a period of three years a Probation Before Judgment is expunge-able. There are a few exceptions which a lawyer will further discuss. As long as a person stays out of trouble and does what they ought, they can eventually clear their record. The goal is to not saddle a person with a criminal conviction and a criminal record

Evidence to Obtain

All evidence that could either prove or disprove and is not the prosecutor’s selection or choice of what to provide, the defense must find on their own. They have to provide everything that could potentially be relevant to the case. That could be videos, witness statements, and anything else that may go along to help the case.

There will be evidence obtained not just from the prosecutor but from the defendant as well. Oftentimes, the defendant can help identify alibi evidence.

Role of Expert Witnesses

Expert witnesses are relatively uncommon when it comes to theft charges but there are two scenarios where experts can come into play. One is when the state’s evidence is questionable. Sometimes, they have videos or other recordings, but it is grainy and experts may be able to aid in determining whether or not the video displays what it purports to be. The other part is kind of like the example is in cases with medical experts. For example, an individual may have an underlying problem, such as an addiction or ailment that could explain what happened.

There was a case of theft with a schizophrenic who had controlled medication, but if he missed the medication, he would not be able to be in control and would have delusions. In a case like this an expert is necessary to provide reports and possibly testify because if a person is not in control of their actions, they cannot really be found guilty for it.