Communicating With Your Attorney

4 Ways a Criminal Defense Lawyer Help You Fight Accusations of Stolen Property

When you are accused of stolen property, you may be confused about what to do and how to proceed. Don't worry: criminal defense lawyers have experience with this and know what to do and say to counter these allegations and help you win the proceedings. If you are charged with stolen property, here's how a criminal defense lawyer can defend you in court depending on your circumstances.

1. Show Undue Pressure Including Entrapment

Proving that you are overly coerced is one of your best weapons to thwart claims for stolen property. It's not an easy defense to mount, but if you can show that other parties pushed you into taking something that wasn't yours, then it's probable you will beat your case.

The burden of proof is on the prosecution; if they can't prove beyond a reasonable doubt that you knew what was going on, then you should walk free.

2. Plead Insanity/ Mental Health Problems

If you're facing any kind of criminal charge, it may be possible to use your mental health problems as a defense. When arguing insanity, it's important to show that your condition contributed significantly to your actions, which leads to a not guilty by reason of insanity (NGRI).

The court could order psychiatric treatment in an institution until deemed mentally fit for release. Your criminal attorney can help explain how an NGRI plea might benefit you, depending on the case. 

3. Argue for Lack of Evidence

The prosecution must prove you took someone else's property without their permission. If there is no evidence of your awareness, it could be an easy way for your lawyer to get you off. They can also show that no value was lost: In order for a charge of stolen property to stick, it must be proven that something with value was taken.

4. Argue Incapacity to Carry Out the Crime

Maybe you are physically disabled. Maybe you suffer from some mental illness or condition. Maybe you were drinking at the time of your arrest and have no memory of your actions. It's important to note that in the case of stolen property, there are often factors that can help reduce the weight of the charges or remove them altogether. Your criminal defense counsel can investigate whether these apply to your case, collect evidence, and present it to prosecutors and/or judges on your behalf.

Criminal accusations can result in long-term imprisonment and require legal assistance to defeat the charges of stolen property. Call a criminal defense lawyer as soon as police tell you that you have been arrested for theft.