Theft Defense Attorney In Howard County, Maryland

There are a variety of different acts that can constitute theft under the Maryland Criminal Code. For example, shoplifting is theft and is usually the most common. In Maryland, even discovering lost property and not attempting to give it back to its rightful owner could be classified as a crime.

Whether theft is considered a misdemeanor or a felony depends on the value of the stolen item. If the total value of the stolen item(s) is $1,000 or more, it will be charged as a felony. The severity of theft in Maryland also increases if you steal from your employer.

The following are possible penalties for Maryland theft:

• For an item valued at less than $100: Up to 90 days in prison
• For an item valued at less than $1,000: Up to 18 months in prison
• For an item valued at $1,000 or more: Up to 15 years in prison
• For vehicle theft: Up to five years in prison

Building Your Defense: Challenging Evidence And Exploring Plea Bargain Options

A strong theft defense begins with a thorough review of the allegations and the evidence the prosecution intends to use. A skilled theft attorney can help determine whether the prosecution can prove their case and whether any weaknesses exist that can be used to the defendant’s advantage.

Defense strategies can vary widely, but there are several approaches that can be effective. These include:

• Lack of intent: Arguing that the property was taken by mistake or without plans to keep it permanently
• Claim of right: Demonstrating a genuine belief that the property belonged to the defendant or that they had a lawful claim to it
• Consent: Showing that the property owner allowed the item to be taken or used, even if that permission is later disputed
• Mistaken identity: Challenging whether the accused was actually the person involved, especially when identification is weak or unclear
• Insufficient evidence: Focusing on crucial gaps in the prosecution’s proof (absent witnesses, incomplete documentation, etc.)
• Entrapment: Asserting that law enforcement pressured or coerced the defendant to commit an act they otherwise would not have
• Duress: Showing that the accused acted only because of a threat of immediate harm

A careful case review can reveal gaps that significantly weaken the prosecution’s case and strengthen the defense. A critical part of this analysis involves reviewing surveillance footage from retail stores, businesses or other locations. A lawyer can assess whether the video clearly identifies the person, is not distorted from angle or lighting and depicts an actual crime.

The chain of custody for surveillance footage is equally important. If it was not preserved according to proper retention policies, or there are unexplained gaps or edits, evidence reliability can be challenged. This can lead to suppression of the footage and further harm the prosecution’s case.

Sometimes, negotiating a plea bargain may be a strategic option, as it can reduce jail time or otherwise limit the consequences. A theft attorney can assess whether the evidence supports negotiation without compromising your rights. One possible outcome of a plea bargain is a charge reduction for property crimes, particularly if the case could be treated as a federal crime.

The defense attorney’s role in plea bargains is to seek terms that minimize penalties and help defendants understand the implications of an agreement.

Unwavering Advocacy

If you are accused of stealing, the full force of the potential penalties might not be immediately apparent. Initially, you will probably be contacted by a store’s security personnel or loss prevention officer. Remember that anything you say to them can be used against you. This caution also applies to any statements you make to the police after you have been arrested. It’s important to keep in mind that police are always gathering evidence against you. If you are under investigation for theft, contact a Maryland theft attorney as soon as possible while remaining silent regarding the charges.

Contact Law Office Of Colleen M. Kirby, Esq., Now For Experienced Counsel And Representation

Each case is very different, and those differences affect both the procedure and outcome of your situation. Regardless of the circumstances surrounding your case, Maryland theft attorney Colleen M. Kirby is prepared to assist you. It doesn’t matter if you are innocent of the charges or feel ready to admit your mistake and ask for leniency – Ms. Kirby routinely provide aggressive defenses in a variety of case types. She aims to get outstanding results for clients.