Defending Against Charges of Postal Robbery and Burglary

Defending Against Charges of Postal Robbery and Burglary

Being accused of robbing or stealing mail can be scary. The penalties are severe – up to 25 years in prison! But with the right legal defense, you may be able to get the charges reduced or even dismissed.

The first thing to know is that the government takes mail crimes very seriously. The number of robberies and thefts has skyrocketed in recent years[1][2][3][4][5][6]. The U.S. Postal Service is fighting back by replacing old mailboxes, using electronic locks, and working with police[4][5].

So if you find yourself facing charges, don’t panic. Take a deep breath. There are options. Let’s walk through some common defenses and strategies:

You Were Misidentified

Mistaken identity is more common than you’d think. The witness got a quick glimpse of the perpetrator. It was dark. They were stressed. Before you know it, they picked your photo out of a lineup – but got it wrong.

Your attorney can challenge the identification. They’ll scrutinize the witness’ memory and perception. Often there are inconsistencies to highlight or procedures that weren’t followed right.

If it was a case of mail theft, your lawyer can argue someone else put the stolen mail in your mailbox or car. It happens! You may not have known it was there.

You Had No Criminal Intent

To convict you of robbery or theft, prosecutors must prove criminal intent. That means showing you knew the mail wasn’t yours and intended to deprive the rightful owner of it.

But what if you mistakenly opened a letter delivered to your address? Or grabbed a package left on your porch that was actually for your neighbor?

Your lawyer can argue there was no criminal intent. At most, it was an innocent mistake or mix-up – not a crime.

The Police Violated Your Rights

Another common defense is challenging how the police conducted the investigation. If they violated your constitutional rights, any evidence they found may be excluded.

For example, did they have probable cause for the arrest? Did they properly Mirandize you? Did they get a warrant before searching your home or car?

Your attorney will scrutinize the police reports to find any missteps. If your rights were violated, the judge may toss out key evidence – leaving the prosecution’s case in shambles.

You Can Challenge the Charges

Prosecutors often start with the most severe charges possible. But those charges may be wrong or exaggerated.

For instance, they may charge you with “robbery” when it was really just attempted petty theft. Or claim you stole 100 letters when it was more like 10.

Your lawyer can file motions to get inflated charges dropped or reduced. The goal is to make the charges accurately reflect what happened.

You Can Negotiate a Plea Deal

Rather than risk trial, many defendants opt for a plea bargain. This involves pleading guilty in exchange for reduced charges and a lighter sentence.

With mail crimes, prosecutors may agree to downgrade felony charges to misdemeanors. Or recommend probation instead of years in prison.

An experienced attorney can negotiate the best deal possible – one you can live with.

Bottom Line

Defending against mail theft or robbery charges is challenging. The government takes these crimes very seriously, and the penalties are severe. But skilled defense lawyers know how to pick apart the prosecution’s case, challenge the charges, and negotiate reduced penalties. So don’t lose hope. With the right legal strategy, you may be able to avoid harsh punishment and get a second chance.

The most important thing is to get an experienced criminal defense attorney on your side immediately. They’ll know all the defenses and strategies to get your charges dismissed or reduced. With the stakes so high, you need someone fighting for you!