Your Rights in a Theft Case
If you have recently been charged with theft, it is key to your case that you seek the counsel of a theft lawyer San Francisco CA offers from The Morales Law Firm to protect your rights. A conviction for theft can result in large fines and jail time, especially if you do not have a San Francisco theft lawyer by your side. Christopher F. Morales of The Morales Law Firm has protected the rights of clients since 1991. Depending on your situation, he may be able to get your charges reduced or even dropped. Call us today to schedule a free consultation to discuss your case with Christopher F. Morales.
Theft cases may involve any number of the following charges:
- Embezzlement: transferring funds from one name into another, which prevents a rightful party access to the finances.
- Credit Card Fraud: the illegal use of another party’s credit or debit card account.
- Identity Theft: stealing a person’s name, information or identification.
- Grand Theft: taking another person’s property which totals a higher value.
- Petty Theft: stealing items that total a lower value.
- Shoplifting: stealing in a shop or retail store while acting like a customer.
- Larceny: to intentionally take away and permanently deprive an owner of their rightful property.
- Burglary: breaking and entering a home that is not yours with intent to commit a crime.
- Mislaid Property: sustaining property you filed as lost or mislaid.
- False Pretenses: inaccurate representations with an obvious intent to defraud.
By hiring a theft lawyer San Francisco CA locals recommend from The Morales Law Firm, you can rest easier knowing you are in good hands. Criminal charges for theft have various classifications, and each has its own legal standards to establish guilt. With a thorough understanding of criminal laws, Christopher F. Morales of The Morales Law Firm can examine your case and develop a solid defense strategy.
What Are My Legal Rights if I Get Arrested?
You may have watched a police procedural drama or one of the reality shows that follow officers around on their regular rounds. During it, they may arrest someone and read them their Miranda Rights off a card or recite them from memory. While this blurb is short, it advises the person of their legal rights going forward as it signals they are under arrest. If you haven’t taken the time to listen, you may not understand those rights. It’s essential you know your rights should you find yourself in an unfortunate predicament with the police.
If you have been arrested and charged for a theft crime, you should call theft lawyer San Francisco, CA has to offer as soon as possible.
The Right To Remain Silent
The first line of the Miranda Rights is probably the most famous, partly because of the way it is worded. “You have the right to remain silent.” What does that mean? From the point this is read, you can stop speaking and not suffer any consequences. At various times prior, the police probably asked you questions and expected answers. Typically, these were identifying tidbits such as your name, address, social security number (if you didn’t have proper identification). Identifying yourself to the police is required under federal law. However, after an arrest is made, you do not have to answer any more questions. Once you say you will exercise your rights under the Miranda laws to not speak, they should also not ask you anything related to your current charge. Even if they do continue to talk to you, as a theft lawyer San Francisco, CA provides might explain, you don’t have to answer.
The Right to an Attorney
When you get to the station, you will probably be booked and the charges re-read. While there, you have the right to call a theft lawyer in San Francisco, CA to be your representative to the police and court. A theft lawyer San Francisco, CA respects knows the way the criminal justice code works and therefore, can be a valuable ally when facing down charges. Miranda makes it illegal for the police or the court to withhold legal help. In fact, if you express a desire to represent yourself, the court may ask you several times to reconsider. Miranda also provides you with an attorney if you can’t afford your own. This would be someone from the public defender’s office, and it would be free of charge to you as long as you meet the requirements.
The Right to Due Process
While not part of the Miranda Rights, you have the right to have your case heard and the evidence examined. The right of due process is a constitutional amendment and stops police and authorities from going directly from charge to conviction to sentencing. It affords a person to have their case heard before a jury of their peers for determination of guilt or innocence.
When facing criminal charges of any time, you may want to contact a theft lawyer San Francisco, CA trusts to assist you. It may make a significant difference in the type of outcome of your case.
How can a theft lawyer San Francisco CA offers actually help me?
If you were charged with theft, you might be wondering if you should hire a theft lawyer in San Francisco. Based on your income level, you may not qualify for free public defender assistance. If you feel confident that you can prove your innocence in court, you might be tempted to represent yourself. The fact is, even lawyers very rarely represent themselves. This is because it is very difficult to do so successfully. One of the many reasons is that it’s almost impossible to think objectively when one is faced with jail time and the destruction of one’s personal and professional reputation. If you have been charged with theft, contact us at The Morales Law Firm. We will be happy to arrange a free consultation with a theft lawyer in San Francisco from our legal team. He or she can explain exactly how they may be able to help you after they review your case.
Here are some of the reasons why it can be advantageous to work with a theft lawyer in San Francisco from The Morales Law Firm:
A theft lawyer in San Francisco CA from The Morales Law Firm can enter into plea bargaining with the prosecutor. This is a negotiation process that often results in lesser charges. Under certain circumstances, your lawyer may be able to get the charges dropped altogether. Some of the factors that the prosecutor may consider when deciding whether or not to agree to a reduction of charges or drop them, might include:
- Whether or not you have a criminal history. If you have been convicted of previous crimes, the nature and severity of those crimes will also be considered. If you were convicted of the same crime for which you are once again charged, there is less likelihood that it will be dismissed.
- Whether or not you are considered a member of the community in good standing. If you perform a substantial amount of volunteer work, have a good job, and there are respected people who will vouch for your character, then a theft lawyer in San Francisco CA from our firm might use this as an argument that you made a mistake but should not be severely punished.
- Whether or not there is a sold case against you. After a review of the circumstances that surround the crime for which you are charged, your theft lawyer in San Francisco CA from The Morales Law Firm will make every effort to build a strong defense case. Should you decide to plead not guilty, your attorney may reveal to the prosecutor the evidence that shows you are innocent. The prosecutor may then decide that taking your case to trial is not worth the time, effort, and money and so will come to a plea agreement with your lawyer. It’s also possible that they will drop the charges.
Guidance You Can Trust
If you were charged with theft, you may be unsure of your future and scared as a result. If this is the first time you have ever been charged with a crime, you’re probably unfamiliar with the judicial system. It can be difficult to make the right decisions when you don’t understand the potential repercussions. We can help you make the choices that will offer the best chances for a successful outcome. Call us at The Morales Law Firm to speak with a respected theft lawyer San Francisco CA residents turn to for help.
Christopher F. Morales of The Morales Law Firm is a theft lawyer in San Francisco CA with a solid reputation and a long history of successful representation. He has the necessary experience, training, and knowledge to resolve your case with the best possible outcome. A theft lawyer San Francisco CA residents choose from The Morales Law Firm can evaluate and scrutinize evidence about what actually occurred and bring to light the details that may result in a dismissal of your charges.
What actions should I take if I was charged with the crime of theft?
As you have undoubtedly already considered, if you are convicted of the crime of theft, it may have consequences in every area of your life and into the distant future. Avoiding a conviction is your priority, but how do you accomplish that? In the last 25 years, Christopher Morales of The Morales Law Firm has helped a substantial number of clients achieve positive results, with a high percentage of dropped charges as well as reduced charges. When clients are represented by our firm, they can feel confident that their legal rights will be aggressively protected. If you are in the San Francisco CA area, talk to our theft lawyer to learn how we can be of assistance to you.
How is the charge of theft assessed?
Before an individual is formally charged for the crime of theft, the District Attorney’s office will take several factors into account. Your San Francisco CA theft lawyer can provide you with more information specific to your case but as a general rule they will consider the following:
- The type of property that was allegedly stolen. (For example, guns will be considered a more serious type of theft than a bicycle.)
- The amount of property that was allegedly stolen. (For example, a truckload of contraband will be considered a more serious type of theft than one of the items.)
- The value of the property that was allegedly stolen. (For example, if the theft amounted to less than $10 it will be considered less serious than if the property was value at $30,000.)
- Were there aggravating factors? For example, was it your toddler who placed the items in your purse without you knowing it or while you allegedly committed the crime, was an innocent bystander injured?)
Am I likely to go to jail if I am found guilty of theft?
This is a question that our theft lawyer often gets from clients in San Francisco CA, and understandably so. Even if you were to get convicted on a criminal charge of theft, this is not a guarantee that you will go to prison or jail. This is particularly true if:
- The total value of the theft is assessed below the minimum dollar amount to require incarceration. However, there will be other punishments such as fines and a criminal record.
- There are extenuating circumstances in your defense. For example, this was your first time being found guilty of theft, the theft’s value was relatively insignificant, and you are the primary breadwinner and there is at least one person dependent on you financially.
- Your San Francisco CA theft lawyer successfully negotiates with the prosecutor to reduce the charge of theft to one that will not require jail time. Alternately, your lawyer convinces the judge to not sentence you to jail time upon a conviction.
If you were charged with the crime of theft, discuss your case with a San Francisco CA lawyer from The Morales Law Firm.
Legal Representation You Can Count On
You can choose to have a public defender represent you, but more often than not they are overworked and unable to provide clients the attention their case needs. This can result in you receiving a conviction on all charges and with the maximum penalties allowable by law. When you hire a theft lawyer San Francisco CA defendants turn to from The Morales Law Firm, you can feel confident that every available resource will be focused on defending you. Call us today at 415-418-7420 for a free consultation with a respected theft lawyer San Francisco CA community members trust from The Morales Law Firm.