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How To Defend Yourself When Accused Of Stealing

New Jersey law provides many ways for someone to be charged with stealing or theft. The charges of theft in New Jersey range from receiving stolen goods to shoplifting, auto theft, armed robbery, and burglary. An arrest on theft charges can land you in jail, regardless of your guilt or innocence.

If you have been arrested or indicted for theft in New Jersey, you need to engage an experienced criminal defense lawyer as soon as possible. The criminal defense attorneys at the Law Offices of Jonathan F. Marshall have decades of experience in courtrooms across New Jersey. Call or fill out our online form to set up a free initial consultation. We have offices throughout New Jersey.

Elements of Theft in New Jersey

An individual may be convicted of a theft crime in New Jersey if he or she exercised unlawful control over the property of another person with the intent to deprive the other of its use. Theft charges often come down to a dispute about rightful ownership or whether someone had a right to access and use the property in question.

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How to Defend Yourself When Accused of Stealing?

If you are facing false accusations of theft, you do not have to prove you didn’t steal anything. Instead, the prosecutor has the burden to prove you did and are guilty. It sounds like a technicality, but it is an important distinction.

As you’ve seen on TV, if you have been arrested, you have the right to remain silent.

You also have the right to an attorney.

Upon being arrested, you should remain calm and state that you want to cooperate, but you need to speak with a lawyer before answering any police questions. You should be allowed to phone an attorney. If you call the Law Offices of Jonathan F. Marshall, we can quickly get a lawyer out to meet with you and seek your release, if necessary.

In the meantime, provide your name and address when asked by police. If you are innocent, state clearly that you did not do what you are being accused of. Otherwise, ask for and wait for your attorney.

If you give up the right to remain silent, anything you say can and will be used against you in a court of law. Consult with an attorney before answering police questions.

How We Can Defend You Against Theft Charges?

As your defense attorneys, we will talk to you to get your side of the story about what led to your arrest. We will review the police report and talk to prosecutors and witnesses about what happened. We’ll look at any physical evidence.

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The defense strategy we develop will depend on the specific facts and circumstances. In general, we will work to find problems with the prosecution’s version of what happened.

The punishments for theft depend on the degree of the charges under New Jersey law. If we can show that the prosecution’s case is weak or flawed, we may be able to get the prosecutor to drop the charges or reduce the charges. The punishments for theft depend on the degree If we have to go to trial, we will work to persuade the jury that the prosecution’s story does not add up.

How To Gather Evidence To Support Your Lack of Guilt?

We may be able to attack the prosecution’s case by presenting evidence of the following:

  • Mistaken identity
  • Bias based on your race, ethnicity, socio-economic status, gender, sexual orientation, or age.
  • Lack of credible witnesses
  • Faulty testimony
  • Faulty forensic testing
  • Inability to establish ownership of the property in question
  • Inability to establish that you took or possessed the property
  • Lack of intent to take or keep the property
  • Your honest claim of a right to possess the property.

How To Defend Yourself in Court?

There are many opportunities for an experienced defense attorney to have theft charges dismissed or reduced before a case goes to trial. The best way to defend yourself is to hire an experienced criminal lawyer to defend your rights. Defendants who go to court on theft charges with an experienced defense attorney representing them are often found not guilty.

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Falsely Accused of Theft? Call Our Attorneys Now

If you face theft charges in New Jersey, exercise your right to remain silent and call an experienced criminal defense attorney as soon as possible. Don’t risk jail, fines, and a permanent criminal record. Our legal team will move promptly to build a persuasive case that you didn’t steal anything.

Contact the Law Offices of Jonathan F. Marshall at (877) 328-0980 or online for a free initial legal consultation.

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