Defenses to a Theft Charge
Making the State Meet Its Burden of Proof in a Theft Case
Theft charges are very serious. Even if you are a first-time offender, in fact, you need a lawyer on your side who can provide the strong defense representation you will need to avoid the most serious penalties and consequences that can come with a theft conviction.
At the law office of David E. Cook, we offer 15 years of substantial and proven experience in the criminal courts of Tarrant County and surrounding portions of North Texas. We have handled hundreds of theft cases. We understand the local court systems. And we know what to expect from prosecutors and judges who will be involved in your case.
We develop defense strategies that are specifically designed to minimize the consequences of your arrest. In a theft case, this process starts with finding the answers to several key questions, including:
- Were you properly identified as the culprit? Although misidentification defenses are not as commonly used as others in theft cases, they can be very effective with the right facts and circumstances.
- Did you actually leave the store or were you stopped as you neared an exit? If you were still inside the store or on a property owner’s premises at the time you were stopped, we can make a strong argument for dropping or dismissing the charges.
- Was there an actual intent to steal? To convict you on a theft charge, the state must prove that you intended to steal the item in question. As an attorney, David E. Cook is skilled at challenging the circumstantial evidence the state must rely on in order to prove this element of the offense.
- Were your due process rights violated by the store or during the arrest and booking processes? While store employees can legally detain you until police arrive, they cannot say nor do anything they want in the interim, and they must only use reasonable force. Police must do things a certain way as well, such as informing you of your Miranda rights or not continuing to question you after you’ve asked to speak to a lawyer.
Act Now to Protect Your Rights and Future
A theft conviction can carry jail time, probation and heavy fines. What it can also do is prevent you from getting the right job, the education you deserve, the loan you need or the home you want — for years or even decades to come. Take action now to protect the future you want for yourself by working with a Fort Worth theft defense lawyer you can trust.
Call our office at 817-545-3309 or contact us online to set up an appointment.