How an Experienced Lawyer Can Stop Theft Charges Before They Start
The fear of a criminal accusation is paralyzing, and few are as common as theft charges. These allegations, even before they lead to a conviction, can upend lives, strain family relationships, harm employment, and cause immense emotional distress. The situation worsens when the accusation comes from within the family.
Our client faced a serious accusation of stealing money from a family member. The sum was large, which immediately elevated the potential severity of the charge. However, what prevented this serious allegation from becoming a formal charge was the instant, strategic intervention of an experienced Pittsburgh criminal lawyer.
Understand Theft Charges in PA
Theft penalties in PA are generally graded based on the stolen property’s value, and in some cases, the property’s nature.
For instance, the alleged theft of $17,000 would typically be classified as a felony of the third degree. This felony charge is serious, carrying a maximum sentence of 7 years in prison and a fine of up to $15,000. Even if the final charge were negotiated down, having a felony conviction on one’s record has lifelong consequences.
The Commonwealth of Pennsylvania must prove all elements of the crime beyond a reasonable doubt. For most theft offenses, this includes proving that the accused:
- Unlawfully took, or exercised unlawful control over, the movable property of another.
- Did so with the intent to deprive the owner thereof.
When a Pittsburgh criminal lawyer removes the client’s statements from the equation, the prosecution is burdened somewhat more. They must then depend wholly on documents, witness testimony, and circumstantial evidence to prove the theft. When that external evidence is weak or insufficient, the prosecution simply cannot meet the required burden of proof.
The Critical Role of a Lawyer
The most vulnerable moment for any defendant is often the first brush with law enforcement. Police are trained to seek information, and their primary goal in an investigation is to gather evidence to support a charge. This usually includes incriminating statements made by the suspect, which can be used later in court, even if the suspect tries to retract them.
In this case, the Pittsburgh criminal lawyer has to be swift and decisive. They have to prevent the police from speaking with their client and seeking those incriminating statements. This is the cornerstone of effective legal defense, rooted in the Fifth Amendment right to remain silent and the Sixth Amendment right to counsel. By invoking these rights on the client’s behalf, the lawyer closes off the most common avenue for police to gather damaging evidence. Therefore, no unauthorized communication can take place anymore.
The police are forced to rely solely on the physical and circumstantial evidence available without any self-incriminating statements. The combination of a protected client and a lack of other sufficient evidence leads to the only logical outcome. The charges will never be filed.
The case, thus, is stopped dead in its tracks before a criminal complaint can be drafted or an arrest warrant can be arranged. This highlights the crucial role a Pittsburgh criminal lawyer plays. The goal isn’t to just take it to court but to prevent the courtroom from ever being necessary.
An accusation alone can feel like a conviction in this system. The immediate action of a Pittsburgh criminal lawyer is the difference between a life-altering felony charge and the clearing of a name.
If you’re facing a theft allegation, the lesson is clear. Say nothing, and call us at Logue Law Group immediately.