The festive glow of the holidays often gives way to the harsh reality of everyday life, and for some, that reality can include unexpected legal challenges. If you find yourself accused of theft after the Christmas or New Year’s season in California, it can be a frightening and overwhelming experience. It’s crucial to understand that an accusation is not a conviction, and you have rights that must be protected. When you take the right steps, you can significantly impact the outcome of your case.
Understanding the Charges Against You
California law broadly defines theft, encompassing various offenses from petty theft (misdemeanor) to grand theft (felony). Petty theft typically involves property valued at $950 or less, while grand theft involves property exceeding $950, or certain types of property like firearms or vehicles, regardless of value. Shoplifting is a common accusation after the holidays, but other forms of theft can include embezzlement, receiving stolen property, or even certain types of fraud. Knowing the specific charge against you is the first step in building a defense.
Do Not Talk to Law Enforcement Without Legal Counsel
This is arguably the most critical piece of advice. When confronted by law enforcement, you have the right to remain silent. Exercise it. Anything you say can and will be used against you in court. Even an innocent explanation can be misconstrued or used to strengthen the prosecution's case. Politely state that you wish to speak with an attorney before answering any questions. Do not resist arrest, but do not offer any information beyond your identification.
Gather and Preserve Any Evidence
If you are accused of theft, there might be evidence that supports your innocence or casts doubt on the prosecution's claims. This could include receipts, transaction records, surveillance footage you might have access to (from your own property, for example), text messages, emails, or even witness contact information. Memories fade quickly, so documenting everything as soon as possible is vital. Even if you believe the evidence is minor, share it with your attorney, as it could be crucial to your defense strategy.
Avoid Contact with Alleged Victims or Witnesses
It might seem natural to want to explain your side of the story or apologize if you feel you made a mistake. However, contacting the alleged victim or any witnesses in your case can be detrimental. It could be seen as witness tampering, intimidation, or an admission of guilt, further complicating your legal situation. Let your attorney handle all communications with the involved parties.
Seek Experienced Legal Representation Immediately
The legal system can be complex and intimidating, especially when facing criminal charges. Lee Law Group DUI & Criminal Attorneys can be your strongest advocate. We can explain the charges, guide you through the legal process, negotiate with prosecutors, challenge evidence, and build a robust defense strategy tailored to your specific circumstances. Having our team from the outset can help you avoid common pitfalls and work towards the best possible outcome.
Being accused of theft, particularly during a time meant for joy and reflection, can be incredibly stressful. Remember, you don't have to navigate this challenge alone. Our team is ready to provide the legal guidance you need.
Reach out to us at (619) 975-2033 to discuss your case and explore your options.