Can a Theft Crime Attorney Help You Avoid a Criminal Conviction

A charge of theft can haunt you for years. A misdemeanor conviction can appear on background checks, restrict job opportunities, and pose obstacles to housing and education. In Rapid City and across South Dakota, individuals facing theft charges often feel there is no way to avoid a conviction, particularly when the evidence appears strong. That is not always so. There are a number of ways in the legal system to keep someone from being convicted but you need to know where to look.

A reliable theft crimes attorney tries to protect your record by challenging the case the prosecution presents, looking for other options than a conviction, and defending your rights all the time. Whether facing charges of shoplifting, grand larceny, or something in between, having legal representation expands the range of outcomes available to you. Here’s how an attorney can help you stay out of the clink.

Getting the Charges Dismissed

The most ideal outcome in any theft case is to have it dismissed altogether, and your lawyer begins by seeking reasons to make that possible. For example, if law enforcement violated your Fourth Amendment rights in the course of the investigation (illegal search, seizure of property without a warrant), your lawyer files a motion to suppress the evidence. Without it, the prosecution often cannot get anywhere.

Your lawyer will also look for other weaknesses in the case. A lack of physical evidence tying you to the alleged offense, or gaps in surveillance footage or unreliable witness identification, can all form the basis of a dismissal motion. The prosecution has to prove every element of the charge and if they can’t, your lawyer holds them accountable.

Securing Entry Into a Diversion Program

Diversion programs are one of the best possible outcomes for first-time offenders or those charged with lower-level theft charges. You may be able to get the charges dismissed by completing things like community service, victim restitution, or counseling through these court-supervised programs.

Diversion programs are programs that seek to divert eligible defendants from traditional prosecution and toward accountability measures that address the underlying behavior, according to the National Institute of Justice. When you successfully complete the program you will not have a conviction term on your record, allowing you to pass background checks and move forward without the long-term consequences of a criminal record.

Your attorney will figure out if you are eligible for diversion in your jurisdiction and fight for you to get into the program. Not all defendants know about these programs and without counsel, the opportunity may be missed without being raised.

Negotiating a Plea to a Lesser Charge

If the evidence is strong and a dismissal is not realistic, your attorney will move to obtain the best possible plea agreement. The goal is to get the charge down to something less serious that avoids the harshest penalties and keeps your record free from a felony conviction.

Your lawyer might be able to get a theft charge reduced to a lesser charge like trespass or disorderly conduct, which would come with lighter penalties and less impact on your future. Sometimes the plea bargain will also include terms for the charge to be expunged after a period of compliance, which will effectively clear your record over time.

Challenging the Element of Intent

The prosecution must prove that you intended to permanently deprive the owner of their property in order to be convicted of theft. That mental element is not always easy to prove and your lawyer may contest it directly.

If it was a misunderstanding, an honest mistake, or mistaken identity, your lawyer will provide evidence and testimony that counters the prosecution’s claim of intent. Without proof of intent, the charge won’t fly. This defense is especially important in cases where:

• Property borrowed not to be kept.
• Bad surveillance footage or shaky witness testimony leading to mistaken identity.
• Possession by mistake in which the defendant was unaware of the possession of the item.

Your attorney will develop a defense using witness statements, documents from transactions, and any other evidence that can support an alternate explanation.

Conclusion

Theft does not necessarily result in a conviction. A defense attorney unlocks opportunities that are not known by most defendants, such as dismissals, diversion programs, plea reductions, and intent challenges. The sooner you involve a lawyer, the more options you’ll have and the better your chances will be of having a clean record.