When building a defense against a New York theft charge, an attorney will first look at the nature of the theft. They will begin to determine if there is video surveillance that would corroborate the prosecution’s charge, for example, or maybe if a person had permission to use a credit card the way they did.
An experienced
theft attorney in New York City will want to gather as much evidence as they can before beginning to build a defense strategy against a theft charge. If you are facing such a charge, it is imperative that you consult with a knowledgeable lawyer as soon as possible.
Determining the Circumstances of the Charge To further determine the elements of a theft charge, a knowledgeable lawyer will attempt to gather evidence such as any emails that may exist reflecting a pattern of unlawful use of a credit card.
Identifying and securing evidence is an attorney’s first priority, whether it is information from colleagues or friends, a paper trail of records, bank statements, emails, or videos. It is important for an individual to give their New York theft lawyer the tools they need to properly build a defense.
Learning About the Defendant When building a defense for a New York City theft charge, a lawyer will gather as much information as they can about the individual accused. They will want to know who they are, what was going on in their life at the time of the crime, and why the crime occurred.
A lawyer will gather if the individual is generally a good person, if they have ever volunteered, done community work, or possess any other positive qualities that may contribute to their defense.
Was someone ill in this person's family? Did they fall upon hard times? Is the alleged victim someone that cannot operate due to this theft, or is it something that has no severe impact on the individual? The answers to these questions must be determined by the lawyer to craft a strong defense against the theft charge.
Role of an Expert Witness When enlisting the help of an
expert witness, an attorney may contact anyone from a forensic accountant to a tax expert. Generally, the types of experts that one would want in this scenario relate to accounting, but it also depends on the context of the theft.
For example, if the crime is extortion, shoplifting, or theft of actual physical property, an accountant is not that relevant.
If one is accused of stealing artwork, a car, or something else of higher value, an expert witness is incredibly important. A qualified expert may be able to minimize the claimed value of property. For example, the artwork or vehicle may be alleged to be worth $53,000, making the crime a class C felony, but if the expert says the property is worth only $45,000, the severity of the crime may be reduced to a class D felony. The difference between the two would mean significantly less jail time.
To efficiently build a New York City theft charge defense, a lawyer must determine a variety of elements to properly combat the prosecution. Consult with an attorney today to begin the defense building process.
Benefit of a Lawyer An experienced attorney can advise an individual on what to do from the very start of their New York theft case. If this is a strong case, it is important to take the steps to find out how to get the restitution and to rectify it.
If an individual were to meet with the DA, a lawyer could advise them as to what they should and should not say. Providing an attorney with the information necessary for them to locate evidence for a defense, speak to witnesses, corroborate any New York theft defense strategies, or take whatever further steps are necessary is crucial.
This can be done best if an individual is proactive and open with their lawyer, instead of waiting until after they have been arrested, arraigned, is trying to make bail, or is waiting until the case moves forward to trial.
There are many avenues in New York City theft charge defenses that a lawyer can build. If there is an issue or an emergency that a client has, an experienced attorney will be there to answer as a legal advocate, friend, neighbor, or social worker. A lawyer can help an individual by advising them on the law, and what exactly should be done to benefit their case.
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