Theft Defense Strategies in Fredericksburg
The attorney is your proverbial sword and your shield in a theft case. A dedicated criminal defense attorney will use the facts of a case to build a defense against Fredericksburg theft charges for their client. Although every case is different, a knowledgeable theft lawyer will challenge whether there is mistaken identity, whether there was anything taken, and whether there was any intent on the part of the taker to permanently deprive the owner of the item.
Defense Investigation
The prosecutor must prove that something was taken, the person taking it did so against the interest of the owner or possessor, and, at that time, there was intent to permanently deprive the owner of the item taken.
A thorough investigation is always the first step to take when preparing a Fredericksburg theft defense. Determining who, what, when, where, and how of the theft allegation lays the groundwork for defining the proper defense strategy.
A good criminal defense lawyer wants everything to prepare a theft defense in Fredericksburg. Everything includes, but is not limited to, photos, videos, witness names, statements, anything that can point to your client’s innocence, and anything that may point to your client’s guilt. Having all of the facts and evidence is the only way to thoroughly prepare your case.
Use of Expert Witnesses
The circumstances surrounding each case determine what experts, if any, would be necessary. In a case of mistaken identity, a fingerprint or facial recognition expert is needed. In a fraud case, a handwriting analysis expert may be needed. There is not a specific expert that would be necessary in all theft cases.
Role of Mitigation
Mitigation is the key in achieving a reduced sentence or probation where a conviction is likely. An apologetic defendant is more likely to receive the court’s mercy than one who is unapologetic or uncaring. There are numerous other factors that can also shine a favorable light on the accused in the eyes of the court, such as a lack of criminal history or participation in certain programs. Often, the best mitigation strategies to use will depend on the preferences of the prosecution or judge.
Importance of An Attorney
A person should contact an attorney immediately when dealing with any kind of criminal charges. The sooner that you contact a lawyer, the more time that lawyer will have to work on your case and conduct a thorough investigation. The actions an attorney takes early on can put you in the best position moving forward.
A lawyer provides peace of mind to a defendant that is charged with theft. Knowing that you have someone on your side to help fight for you can ease some of the stress that the criminal justice system brings, which is essential in a theft case.