Charged with Grand Theft? Here is What to Do Next
Being charged with grand theft is a very serious matter in Florida. If you are convicted, you will face high fines, long prison sentences, and other harsh consequences. The actions you take early in the process are of the utmost importance. If you respond strategically from the time you are charged, you and your attorney may be able to minimize the possible penalties you may face and work toward the best outcome possible. Below, our Fort Lauderdale theft offense lawyer explains the most important thing to do after being charged.
Exercise Your Rights
You may think it is best to explain your side of the story so your charges will be dropped. However, this is not in your best interest. One of the most important rights to exercise is the right to remain silent. Remember that law enforcement is not on your side and they will in fact, use anything you say against you. Instead, simply tell police that you are exercising your right to remain silent. They may continue asking questions, but it is important that you do not answer them.
You also have the right to speak to an attorney. You should also tell police that you are exercising this right to ensure you are protected.
Do Not Destroy Evidence
If you believe there are emails, text messages, or other evidence that may be used against you, it is natural to want to destroy them immediately. This is another big mistake. If you destroy evidence, it can result in additional charges being filed against you, and can make it seem as though you are guilty of the offense.
Collect Evidence to Support Your Defense
When trying to protect yourself from a conviction for grand theft, it is important to collect strong evidence that can strengthen your case. This can include:
- Statements from witnesses that can confirm your explanation for possessing the property
- Video footage that disputes the accusations
- Establishing credibility issues or bias with the accuser
- Document the actual value of the property
- Expose police misconduct, such as an unlawful search and seizure during which the property was found
Review Possible Defenses
The most effective defense in your case will depend on the specific facts of the situation. These include:
- Lack of intent: Grand theft requires an element of intent. If you believed the property was yours or that you took it by accident, this can serve as a defense.
- Consent: If the rightful owner of the property consented to you taking the property, theft did not occur.
- Valuation defense: In order for grand theft to occur, the value of the property must have a value of at least $750. If the value of the property does not meet this threshold, you cannot be convicted of grand theft.
Contact a Theft Offense Lawyer in Fort Lauderdale
Criminal cases involving grand theft in Florida are complex. There is too much at stake for you to defend your case on your own. At Haber Blank, our Fort Lauderdale theft offense lawyer can advise on the facts of your case and prepare the strong defense you need to beat the charges. Call us today at 954-767-0300 or contact us online to request a consultation and to learn more.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.014.html
