Role of a Lawyer in a New York Theft Case
Every moment that someone does not obtain legal counsel is one moment closer to a less-favorable resolution. Any delay, fear, or inaction is both the police department’s and prosecutor’s gain.
By stalling, an individual may be compromising their ability to settle their matter out of court. There may be a chance, after an individual is first charged with theft, to handle their matter directly with the alleged victim, sometimes to the point that they no longer feel the need to deal with the police.
There are many roles that a lawyer must take on in a New York theft case, all of which serve to the benefit of their client. If you are facing such a charge and are seeking legal representation, it is crucial that you consult with a knowledgeable New York theft attorney as soon as possible.Avoiding an Admission of Guilt
It would be ideal to resolve of a case in a more civil context. However, if that cannot be done, it is the role of an attorney in a New York City theft case to advise their client on how and when they should speak to any potential employers, colleagues, friends, or associates. An individual should never correspond with such individuals without first seeking the assistance of an attorney.
Speaking to these individuals could qualify as an admission of guilt. Such a meeting could be a sting operation. An individual may sit the accused person down, and without any of their knowledge, have detectives waiting outside to arrest the individual as soon as they leave.
Alternatively, an accused individual may sign something, or have a meeting recorded and shared with law enforcement. Even if the meeting is not recorded, when a private person gets a statement from the accused individual, the law does not protect that individual or give their attorney the ability to challenge admissions. It is the role of an attorney in a New York theft case to properly advise their individual against admitting their guilt.Importance of Immediate Representation
It is critically important that, as soon as there is a hint of wrongdoing, the individual is suspended from work, or an investigation has commenced, that the individual does not wait until they are arrested before contacting an attorney. This individual has now lost an opportunity to start building a defense before law enforcement imposes jail time.
Without legal representation, the police can arrest an individual on their own terms. They may show up at an individual’s work place or home, embarrassing them in front of colleagues, friends and family. This could prevent a lawyer from having the opportunity to prepare personally, and financially, for their criminal defense.
If you know you are being investigated, or law enforcement calls you to meet with them, you may already be playing catch up. Your attorney can arrange for your surrender if necessary. However, do not let law enforcement come to you. It is the role of an experienced lawyer in a New York theft case to be able to present their client with their best foot forward, prepared to combat the prosecution.Second-Time Offenders
Even if a person is facing a crime that has the consequence of mandatory jail time, it does not change the fact that the DA’s office still has to prove this case beyond a reasonable doubt. Even when facing a charge after already being convicted of a theft charge in the past, a person should still not make any admissions or statements without an attorney present.
As a second-time offender, an individual’s exposure is even greater, and arguably their need for an attorney is greater too. The prosecution has a hand in determining the sentencing cards, and prison will always be in the equation for them if the crimes involve felonies.
A second offense does not change the fact that whatever evidence exists in a person's case needs to be secured. If one gets all the information they need, secures the evidence, and takes the proper steps, an individual may be able to lower the potential penalties associated with their charge.
Even if an individual is a predicate, their attorney can mitigate the conduct based on the evidence. A lawyer can help challenge the arrest and the evidence in question. No matter the nature of the charges, an individual still must do the same due diligence in each case, each time, with the assistance of an experienced attorney.Advocating for the Client
Many of these crimes are committed by first-time offenders. These individuals often have had no previous involvement in the criminal justice system, and are scared that they may be incarcerated, lose many of their assets, and suffer both personally and professionally as a result of their charge.
It is the role of an experienced lawyer in a New York theft case to help their client navigate the justice system, and ensure that they are properly prepared for any sort of complication that may arise in the course of a theft case.
Securing the help of an attorney is incredibly beneficial in the sense that they will do their best to help reduce or dismiss any penalties associated with a New York City theft charge.
They can assist in limiting an individual’s exposure to any damaging pieces of the legal process, while aiding in helping to make the individual whole again. An attorney’s role during a New York theft case is to be an advocate for their client, which they will do before, after, and at any point during the criminal process.