Building a Defense for Theft Charges in Culpeper

Defense strategies that lawyers use when handling theft cases in Culpepper include things like alibi defenses where they are able to show that a person was not there because others can place them at another place at that time. With mistaken identity, the absence of DNA evidence can be used as a defense strategy.

Other defenses claim a person’s right to have the property or some kind of right to the property that they are accused of taking. If the person is fighting about the value of an item, a defense may be to show that the value is less than would be qualified for a felony offense, so it should be treated as a misdemeanor.

The range of defenses is going to depend on the facts of a case, but there are many different ways to attack a theft case that the prosecution is bringing against someone in Culpeper County. For this reason, it is important for a person to contact a Culpeper theft lawyer to help the process of building a defense for theft charges in Culpeper and to provide the opportunity to combat the penalties they are facing.

Initial Steps

The initial step that a theft attorney will take when preparing a defense is to get the defendant’s side of the story and any general information that is pertinent to the case. Typically, the attorney is going to ask them what they are charged with, why they think that they are charged with that, what they think the evidence is against them, any potential documents they have, and any statements they remember making to the police or any witnesses, and any other information about the day of the incident that they can recall.

After the initial consultation where the lawyer gets the basic facts, a lawyer typically looks at information from secondary sources, including reviewing discovery information from the prosecution and interviewing every witness involved. They also collect information by speaking with law enforcement officers if they make themselves available and loss prevention officers who work for the stores or the businesses if thefts are involved as well as by requesting any video and audio surveillance from the locations involved. All of this information is then reviewed to help the attorney understand the bigger picture and prepare a robust defense for their client’s case.

Possible Probation or Reduced Sentencing

The opportunity for possible probation or reduced sentencing is going to depend on the facts of a person’s case. Receiving probation in lieu of incarceration when facing theft charges depends on what a person is charged with, the facts of their case, and their criminal record. For example, somebody that does not have a criminal record and is charged with a relatively minor first theft offense might be eligible for probation, a program, or community service to have the charge reduced or dismissed. On the other hand, if they have an extensive criminal record or some terrible facts of their case that involve injury to a victim or a deadly weapon, these options are likely not available to them.

On the other hand, if they have an extensive criminal record or some terrible facts of their case that involve injury to a victim or a deadly weapon, these options are likely not available to them.

Role of a Lawyer

When working with a person charged with theft, a criminal lawyer can find existing evidence against them and attack the evidence that is put forth by the prosecutor. From the initial consultation and discussion with the defendant, the attorney can pull apart the issues and make an outline for how to make the most successful defense for the case.

To get the best possible outcome, an attorney may do things that could be out of the ordinary role in normal cases, such as looking at alternative programs, community service, or diversionary options. What an attorney does and what their role is in a case is determined on a case-by-case basis, depending on the facts of the specific case and the specific client.

What to Expect

A person who calls a criminal attorney’s office to discuss their theft charges should expect to lay out all of the things that they need to discuss their case, such as facts, dates, time, location, potential witnesses, and other information they believe is relevant for their attorney to know. This can also include criminal history, potential medication evidence, alibi evidence, or potential positive witnesses that could be brought forward to help prepare their trial.