Theft is the illegal taking of another person’s property without that person’s freely-given consent.
Types of theft include:
- Theft by Taking
- Theft by Receiving Stolen Property
- Identity Theft
Intent is an important element of proving any crime. Theft crimes in particular require the state to prove that you either intended to steal or, in certain cases, should have known that items in your possession were stolen. Obviously, this is not always the case, but you can be sure that the prosecutor will do everything in his or her power to make it seem that you had criminal intent.
An important tool that prosecutors have for showing intent is your own statements. Never talk to the police, answer their questions or volunteer any information! You have the absolute right to remain silent. Anything you tell an officer while they are investigating you, even if it is a complete denial of any wrongdoing, can and will be used against you. Most people become very nervous when being questioned by the police and the natural result is often a desire to answer questions so that the encounter will end as quickly as possible. The important thing to know is that even if you did make statements, there may be a way to keep them out of evidence. Sometimes, police fail to inform you of the necessary Miranda rights before questioning you, or they ignore your request for an attorney. Any of these mistakes by law enforcement can lead to your statements being thrown out of court, seriously damaging the state’s case. Corales & Woody, LLC has an aggressive motions practice that seeks to keep out as much evidence as possible, whether statements or physical evidence.
Contact us today for a free consultation. We are available 24 hours a day, 7 days a week, and 365 days a year. Your phone call will be answered.