When it comes to theft, there are a number of legal stances which an attorney can help you take, even if the underlying facts support the allegation of the removal of property without permission. As with any case that is criminal in nature, it depends on the facts.
Assuming that the theft did occur, here are a few typical defenses your theft defense attorney in Emporia, KS might take.
Claim of Ownership or Right of Property
A valid defense could be made if an individual can establish they had good faith that they had valid claim of the property, or that the property was theirs. Evidence will need to be provided to support this claim.
Intoxication
Your theft defense attorney may also be able to defend charges of theft if the defendant can successfully establish that they were intoxicated at the time. This is a valid defense if an individual was not able to form an intent to steal. For example, if a person was intoxicated and mistakenly took a coat that did not belong to them because they were too drunk to notice and thought it was theirs. However, you will still need to provide proof to support this claim.
Return of Property
It is commonly asked if the return of stolen property can provide a defense or the prevention of charges in the first place. This does not generally provide a good defense. Still, returning property can work to paint a more sympathetic picture for your judge or prosecutor and can sometimes aid in reducing case penalties. Your theft defense attorney may be able to present a viable defense if it can be established that at the time the property was taken there was an intent to return or that the property was “borrowed.”
If you have questions about your theft defense, it’s important to discuss the facts with an attorney. Call today to schedule an appointment.
