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Prosecution of Fairfax Larceny Charges

Fairfax, Virginia prosecutors are dedicated legal professionals that take all the cases that cross their desk very seriously. If there is a personal victim in a larceny case, meaning somebody other than a corporation, then that is probably taken more seriously or prosecuted more aggressively. In addition, people who are habitual offenders, meaning they have been charged with theft multiple times, will likely face more intense prosecution.

Because prosecutors are very scrutinous with the cases they handle, it is incredibly valuable to retain the services of an experienced Fairfax larceny lawyer who is familiar with the jurisdiction. A lawyer that is familiar with the jurisdiction and has handled larceny and theft cases before will have dealt with area prosecutors and may better know what defense will or will not work.

What Prosecution Must Prove

The prosecution needs to prove that something was stolen, the value of the item, and then who did it. As a result, a lot of times the prosecution will have either eye witnesses or video surveillance. Sometimes they will have either an oral confession, a confession in writing from the person accused, or they might have something short of a confession.

Something short of a confession means Fairfax prosecutors may some admissions to specific facts that do not amount to a complete confession but are incriminating nonetheless. Any statement made by the person accused is evidence and will be presented in court along with other technical evidence.

Constitutional Issues in Fairfax Larceny Cases

There are constitutional issues related to a person’s Fourth Amendment rights against unreasonable searches and seizures. The police might suspect that a person has stolen items concealed in their home so they are going to either need a warrant to search the house or they are going to need the consent of the occupants of the home for the home to be searched.

If they do not have that and they search the home illegally then that is a constitutional issue that can be raised by the defense attorney to fight the admissibility of the stolen items.

Another example of a constitutional issue would be whether or not the confession or admissions made by the accused would be admissible in court against him. For instance, whether or not the police advised a person of their right to remain silent and the right to have an attorney present during questioning is an important constitutional question to be answered and litigated. That is a typical Fifth Amendment constitutional issue that can be raised in larceny cases, which a Fairfax larceny attorney can help with.

Consequences of a Larceny Conviction

Larceny is a crime of moral turpitude which is a category of offenses used to describe crimes involving lying, cheating, or stealing. A conviction for larceny, whether it is misdemeanor or felony, will close many doors for educational opportunities and professional job opportunities.

Also, it could have very serious consequences for someone’s immigration status. In general crimes involving moral turpitude are treated more seriously than crimes that don’t involve moral turpitude because it is treated as a reflection upon somebody’s character.

It is very important that you find an aggressive Fairfax larceny lawyer to defend against charges that involve moral turpitude to better protect your future opportunities from negative impact.

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