How to beat A Destruction Of Property Charge
Criminal Attorney Explains How to Beat a Theft Charge
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in this video we will discuss four ways
that you can beat a theft charge in
court that's coming up right after this
[Music]
welcome back to kiss titus law if this
is your first visit I'm Steve Goss Titus
and this is my channel here at Gaston US
law our passion is to create video
content for you that helps you
understand how to successfully navigate
the criminal justice system how to
manage encounters that you may have with
the police and how to defend criminal
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how do you beat a theft charge in court
well even though theft charges come in
all shapes and sizes there are some
common issues among theft cases that you
can use to help challenge the
prosecutor's case against you discuss
these with your criminal defense lawyer
to give you the best possible chance of
beating your theft charges in court
in all criminal prosecutions the
prosecutor must prove beyond a
reasonable doubt the identity of the
alleged offender and theft cases are no
different in other words a prosecutor
must prove that you were the person who
acquired the property without the
effective consent of the owner and with
the intent to permanently deprive the
owner of vet property any reasonable
doubt about the identity of the alleged
offender will lead to a jury verdict of
not guilty
in a fifth case the prosecutor must
typically prove that when you acquired
the property of another that your intent
was to permanently deprive the owner of
that property in other words the
prosecutor must prove that you took the
property of another without their
consent with the intent to keep it
permanently we have used on occasions in
the past and successfully on my dad what
I like to call the borrowed offense in
the borrowed offense we established that
our clients intent at the time they
acquired the property of another was not
to permanently deprive the owner of the
property but rather to borrow the
property and to return it at a later
time
in those cases we've been able to shed
doubt on our clients intent and
challenge the prosecutors case
successfully
another key element in the prosecutors
theft case is to show that the property
was acquired without the effective
consent of the owner in other words if
you possess the owner's property with
their consent
it is not theft we like to call this the
permission defense for any time that you
have possession of the owner's property
with their consent or permission the
prosecutors cannot successfully
prosecute you for theft any reasonable
doubt about whether or not you had the
permission or effective consent of the
owner to possess their property will
lead to a jury verdict of not guilty
lastly any evidence acquired by the
police that they plan to use against you
in court but was acquired in violation
of your Fourth Amendment rights to be
free from unreasonable searches and
seizures can be suppressed from evidence
in court and that's another way to beat
a theft charge in the same way your
Fifth Amendment right to remain silent
might be used to suppress incriminating
statements that you made to the police
or to others if the prosecutors
principle evidence of your intent is a
incriminating statement you made to the
police and if you can persuade the trial
judge to suppress that evidence from
court you might be able to beat that
theft charge nevertheless if you have
any comments or questions about how to
defend or beat a theft charge in court
add those down in the comment section
below and we can begin a discussion that
may help others as well don't forget to
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at Gustavus law
