A case of theft may come unexpectedly, even after some kind of dispute that takes place in a shop during checkout or some dispute over the ownership of an item. For many, it may be their first experience of entering the criminal justice system.
Keep in mind that being charged is not the end of a case. Instead, it just marks the beginning of a process, which opens up several options, contrary to popular opinion.
Theft and other property crimes still rank among the most common offenses reported to law enforcement. According to the Bureau of Justice Statistics, the rate of property offenses known to law enforcement was 1,835 per 100,000 persons in 2024, which marked a 9 percent decrease compared to the previous year.
Start by Understanding the Charge
Theft is a crime created by statutes, which makes its definition different from one state to another. In most states, the level of charge for the theft is based on the value of the stolen item. Values lower than some specified amount can result in a misdemeanor charge. Theft of higher value items can result in a felony charge.
Categories and thresholds differ by state. The first step is usually to understand the charge and its local meaning. It’s important to understand the state-specific information on how theft charges are classified.
Attorneys understand that there are several ways to defend theft charges. Defense attorneys, including Indiana theft crime lawyer Andrew J. Baldwin, review evidence to determine the facts. This is to ensure that they reach a reasonable resolution for the case.
Option One: Challenge the Evidence
The aspects of any theft case include taking another person’s property without authorization and intending to keep it. Proving intent is often the most difficult aspect, which is the core of many disputes.
Defendants facing theft charges may find that intent is difficult for prosecutors to establish, according to one criminal defense firm. Reading material written for a specific state helps readers see how the general principles play out in practice.
Aside from the intention, the defense will look into how the accused was identified, how reliable the available video evidence is, how the property was appraised, and how closely law enforcement officers followed due process during any search or interrogation. Evidence that has been obtained illegally can at times be rendered inadmissible.
Option Two: Diversion Programs
In many places, there are opportunities for pretrial diversion, especially for first or low-level offenses. For a person looking to better understand the process, they may look at the example of Boone County, Indiana, where the prosecutor’s office provides an opportunity for individuals to be held accountable without a conviction. All conditions must be completed, which may include education and payment of fees and court costs, with any required restitution paid in full before the agreement starts. After the agreement term ends with no new arrests, charges, or convictions, the case is dismissed.
For some offenders, diversion is possible. Still, most counties and states limit it to a specific set of offenses and offender traits. Diversion, where available, can be very useful for avoiding a conviction.
Option Three: Negotiating a Resolution
If diversion is unavailable, plea negotiations become an option for those facing criminal charges. Often, people plea bargaining with reduced charges or alternative resolutions like community service, fines, and no prison sentence. There could also be an agreement to pay for lost goods or damages. These choices depend on several factors, including the stolen goods’ value, the strength of the evidence, and a criminal record.
Plea bargaining is very important for the future, so the accused must take it seriously.
Option Four: Going to Trial
There may be times when trials are conducted, particularly when there is disagreement about the facts or when the evidence of mens rea is not that strong. During the trial, the prosecutor must prove each element of theft beyond a reasonable doubt, including the unauthorized taking and the intent to keep the property, and the accused has the opportunity to cross-examine the prosecution’s witnesses.
Looking Past the Case: Clearing the Record
Even after a criminal case resolves, a history of theft can still affect an individual through employment applications, housing applications, and professional licenses. Most states have begun to provide the option of sealing or expunging a person’s records after a specified period.
Indiana’s expungement guide is helpful for those seeking to remove information from their record, and those records must be removed in certain circumstances after certain periods. An arrest without any criminal prosecution can be removed after one year. A misdemeanor conviction can be removed five years after the conviction date. A Level 6 felony without a bodily injury element can be removed eight years after the conviction date.
As rules in other states differ, the broader points of resolution can still be made. Resolving cases today can help create options for years to come.
Stealing is a pressing matter that requires proper attention. It usually comes with genuine options to account for. Examples of options a person charged with theft may turn to include contesting the case, seeking a diversion, and preparing for a future record relief strategy. A person who knows their options and how to use them in their respective state will be able to take control of their future situation.
