Facing a theft charge can be an overwhelming experience. You need all the help you can get to protect your rights and prevent a life-changing conviction. With the right representation from an experienced criminal defense attorney, you can give yourself a fighting chance for your freedom.
Keep reading to learn about the different arguments for getting your theft charges dropped or reduced in Texas and how an experienced San Antonio theft defense attorney can give you the confidential and firm support and defense you need today.
1.The Theft Was Committed by Someone Else
Facing an accusation of a crime committed by another person can be devastating. However, if your San Antonio criminal defense attorney can prove that someone else stole the property, you may be able to get your theft charges dropped in Texas. Your lawyer can prove a case of misidentification by arguing any of the following:
- The actual offender bears a similar appearance to you, which led to the misidentification.
- The evidence used to connect the incident to you, like the fingerprints or video footage, was misconstrued.
- The eyewitness testimonies are unreliable and mistaken
2.The Evidence Is Insufficient
If the state cannot prove that you are guilty without a reasonable doubt, you should not face a conviction in court. This burden often relies on proof via evidence. To get your theft charges dropped or reduced in Texas, your San Antonio criminal defense attorney can argue that:
- There is no tangible evidence linking you to the crime.
- There are no eyewitness accounts or they are unreliable.
- The surveillance footage provided is not substantial enough to identify you clearly.
These firm arguments can weaken the prosecution’s case and increase your chances of getting your theft charges dismissed in Texas.
3.Your Rights Were Violated
Under the U.S. Constitution and other Texas laws, you have certain rights that the authorities must respect upon arrest and throughout the criminal trial process. In line with this, your theft charges can be reduced or dropped if your San Antonio criminal defense attorney can show that:
- The prosecution’s evidence against you was obtained without a valid search warrant or through other illegal means.
- The authorities failed to read your Miranda rights to you upon arrest or during the investigation.
- Your right to a speedy trial has been delayed without any fault on your part.
4.You Returned the Stolen Property
In some instances, if you can prove that the property was returned voluntarily and in good condition, you may be able to get your theft charges reduced in Texas. To accomplish this, your attorney will need to prove that:
- You genuinely believed that the property belonged to you and returned it once you found out the truth.
- It was a perishable item that was taken by accident and you paid the owner back or are willing to pay them back.
By proving your honesty and integrity, you may be able to get your charges dropped or reduced.
5.The Case is Statute-Barred
Under the law, most crimes have a limitation date– that is, they cannot be tried in court anymore after that date. The statute of limitations for theft crimes in Texas is two years for most misdemeanors and three years for most felonies. So, if the charges against you were filed after the limitation date provided by law, the court may dismiss the case.
6.You Have Applied for a Diversion Program
Under Texas law, you can apply for a diversion program–which can be in the form of community service, educational classes, and vocational classes– as a way to get your theft charges dismissed in Texas. Diversion programs are an effective form of rehabilitation for first-time offenders and can be an effective method for getting the court to reduce theft charges in Texas.
Get Your Theft Charges Reduced with Help From a San Antonio Criminal Defense Attorney
For a theft offense, your charges depend on the severity of the offense you’re being accused of. The punishment for theft could be as low as a misdemeanor or as high as a first-degree felony and life imprisonment.
No matter the extent of the charge, you need the help of an experienced criminal defense attorney to evaluate your case, answer your questions, and defend you in court. Contact The Law Office of John G. Perez Jr. for the help you need to build a solid defense against the prosecution and reduce your theft charges in Texas today.