What to Do If You’re Accused of Theft
Facing a theft accusation can be a confusing and distressing experience, especially if there is no clear evidence against you. So, can someone accuse you of stealing without proof? The short answer is yes. Anyone can make an accusation. But, to convict someone of theft, the state must present sufficient evidence that proves your guilt beyond a reasonable doubt. An accusation alone will rarely, if ever, be enough proof to convict you.
At the Law Offices of Susan Deschler, we know that criminal charges can disrupt every part of your life. Our firm defends individuals in Colorado who face criminal accusations, including theft. We provide strategic defense planning and compassionate guidance throughout the legal process.
What Happens If You Are Accused of Theft?
What happens if you are accused of theft depends on what you have been charged with doing and what the state government does with the accusation. When the state learns about a potential crime, police officers kick off the criminal justice process.
Investigation and Arrest
Depending on the credibility of an accusation, law enforcement may arrest you right away or collect evidence, interview witnesses, and request surveillance footage first. If the state believes it has probable cause—reasonable grounds to suspect you committed a crime—law enforcement may arrest you or issue a summons. A summons is a written notice ordering you to appear in court without first being arrested.
Booking and First Court Appearance
If arrested, the police book you by recording your arrest, taking fingerprints, and gathering identifying information. You may be released on bail or held until your first court appearance. A judge informs you of the charges and your rights at that hearing.
Pretrial Phase
Once you know your charges, your attorney can file motions, examine evidence, and negotiate with the prosecutor. For example, your lawyer may file a motion to suppress, which is a formal request to exclude evidence obtained in violation of your rights. During this phase, you may reach a plea deal, convince the state to drop or reduce charges, or prepare for trial.
Trial and Sentencing
If your case goes to trial, the prosecution must prove you committed the specific offense or offenses charged beyond a reasonable doubt. You can offer evidence through your lawyer and point out contradictions or holes in the state’s evidence.
At the end of the trial, a judge or jury issues a guilty or not guilty verdict. A guilty verdict results in your conviction of the offense. Next, the judge determines your sentence, which may include jail time, fines, probation, or restitution. Depending on the circumstances, you may be able to appeal the conviction.
Confronting Theft Charges
Returning to the question, can you accuse someone of stealing without proof? You can, but the state cannot convict someone without proof. If someone accuses you of theft, take the following steps:
- Identify what you have been charged with,
- Gather all physical or electronic paperwork you have related to the charge, and
- Speak with a criminal defense lawyer.
Once you hire a lawyer, you begin working together on your defense.
Theft Charges Under Colorado Law
When the state informs you of the charges against you, it must identify which offense or offenses it believes you committed. Colorado law includes several theft-related crimes, among them:
- Theft. Knowingly taking or controlling someone else’s property without permission, intending to keep it.
- Burglary. Entering a building unlawfully with the intent to commit theft or another crime.
- Robbery. Taking something from a person using force, threats, or intimidation.
These charges range in severity. Some are misdemeanors, which may lead to fines or jail time, while others are felonies that can lead to significant fines and imprisonment. Whether the state charges you with a felony or misdemeanor generally depends on:
- The value of goods allegedly stolen,
- Whether you have a criminal history, and
- Whether the alleged offense involved violence or weapons.
Sometimes, the state charges you with multiple offenses for the same incident. For example, it may charge you with both second-degree burglary and possession of burglary tools.
Evidence Needed to Prove Theft
Prosecutors must provide clear, persuasive evidence to prove you committed theft. Evidence needed to prove theft can vary, but may include:
- Video surveillance,
- Eyewitness testimony,
- Possession of stolen items,
- Digital records like texts or online activity connecting you to the theft, and
- Bank or other transaction records.
Regardless of the type of evidence offered, the evidence must prove you committed the crime beyond a reasonable doubt for the state to convict you.
Hiring a Defense Attorney
Being accused of theft can affect your job, reputation, and freedom. But you have the right to defend yourself and the right to legal counsel.
Your defense attorney will:
- Investigate your case thoroughly;
- Challenge illegally obtained or unreliable evidence;
- Draft and file legal documents;
- Negotiate with prosecutors for reduced penalties, alternative sentencing, or dismissal; and
- Represent you in trial, if necessary.
Hiring an experienced attorney gives you the best chance to protect your rights and minimize harm to your future.
Common Theft Defenses
Potential defenses against theft charges vary by the circumstances but may involve proving:
- The state does not have enough evidence to prove the crime beyond a reasonable doubt;
- You did not intend to take the property permanently;
- Even if the crime occurred, you were not the person who committed it;
- You had permission to take the property or believed it belonged to you; or
- Law enforcement violated your constitutional rights to obtain evidence they are trying to use to prove you committed the crime.
To commit a crime beyond a reasonable doubt means that no reasonable person would question your guilt based on the facts presented. In short, you do not have to prove your innocence. The state has to prove your guilt.
Talk to the Law Offices of Susan Deschler
At the Law Offices of Susan Deschler, we defend clients facing theft charges across Colorado. We focus on criminal defense and offer clear guidance, innovative strategy, and fierce advocacy. Whether you are under investigation or already charged, we can help you understand what is happening and how you can respond. Contact us today to schedule a consultation.
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