There are a variety of available ways an experienced attorney will be able to build a defense for their client in a theft case, and it will depend on the differing facts of the case. Prosecutors will need to prove every element leading to the alleged theft and an attorney with experience handling a variety of cases will best be able to understand these elements needed and be able to build a defense against them.
If you are facing charges of theft, an Atlanta defense attorney will be able to employ a theft defense strategy specific to your case that could produce the most favorable outcomes for you. A skilled theft lawyer will be able to help you by examining the prosecution’s evidence and discovering weaknesses, obtaining witness accounts, and employing a variety of other defense strategies applicable to your case.
Modes of Defense
Although each case is unique in its own way, there are a number of successful defenses an attorney may be able to use for a client facing theft charges. This may begin first with the use of pretrial diversion, depending on the criminal record of the accused. Then, if the case goes to misdemeanor court in the State Court of Fulton County, a lawyer could still try diversion as a potential defense.
Proof of Theft
The most important thing a prosecutor is going to look for in a theft case is whether the alleged victim of the theft was paid back their money or their items were returned. Then, prosecutors will often want to know extenuating circumstances for the theft, dependent on the family of the person who stole the money or items.
They will want to uncover the circumstances that caused the person to allegedly steal. An experienced theft lawyer in Atlanta will be helpful in this instance to build the best defense for their client once they understand all extenuating circumstances.
A prosecutor must prove against the alleged that there was some property taken that was not theirs, and it was appropriated for their own use with no intent to return it. There has to be intent proven in these cases as well, which is an essential element to assuring the theft in court. There has to be proof that the person who is accused of theft had the intent to steal the property and appropriate it for themselves or for someone else.
A defense lawyer would want to obtain evidence displaying the reason as to why the theft took place. They can help to gather mitigating evidence on the person’s behalf. This could include evidence as to the kind of payment for the alleged to pay back the money that is owed. This could also include what kind of job the person has, or what can be done to make sure this person’s career is not ruined due to the penalties faced for a theft charge.
Role of an Attorney
An Atlanta theft lawyer will be essential in building a defense against theft charges. A qualified attorney will act as an intermediary in these particular cases. An experienced and dedicated theft lawyer can negotiate with the prosecution and can come up with the best sentence with the court.
If you have been charged with theft, you should contact an Atlanta lawyer as soon as possible in order to begin building a strong defense and have an attorney protect you at all steps of your case.