Fighting Allegations of Theft of Mail by Postal Employees

Fighting Theft Charges as a Postal Worker: You Have Rights

Being accused of stealing mail can feel scary. You could lose your job, your freedom, even your reputation. But you still have rights. Don’t panic. Work with a lawyer who knows the system. Stay calm and build your defense. You can beat the charges if you know how to fight.

The Laws on Mail Theft

Federal law takes mail theft seriously, especially by postal workers. The main law is 18 U.S.C. § 1709. It says USPS employees can’t steal, hide, or trash mail. Breaking this law can lead to 5 years in prison. Another law, 18 U.S.C. § 1707, is about stealing postal keys. That can mean 10 years behind bars. Regular people can also be charged for taking mail under 18 U.S.C. § 1708. But postal workers face tougher penalties since they’re trusted with the mail.

Fighting the Charges in Court

Postal employees have defenses they can raise in court:

• You didn’t mean to steal anything – if it was an accident or mistake, it weakens the case
• The evidence is weak – prosecutors must prove you did it beyond doubt
• Illegal search – if they searched your bag or locker without asking, the evidence may get thrown out
• You were trapped – if they planted bait mail to catch you, argue entrapment
• You were forced – claim a supervisor or coworker made you do it
• You had a good reason – like finding an address or returning lost items
• Wrong court – challenge whether the federal court can handle the case

You can also point to your long USPS service, military record, community work, etc. to show you deserve mercy if convicted.

How Postal Inspectors Investigate

Postal inspectors lead investigations into mail theft. They have power to protect the mail system from crime. When accusations come up, an inspector starts gathering evidence.

Inspectors have many tools to investigate. They interview witnesses, check surveillance video, look at inventory records, go undercover, issue subpoenas, and get search warrants. Sometimes they’ll plant bait mail with tracking devices, which raises concerns about entrapment. In some cases, they’ll raid a post office to grab evidence and question employees.

Once an inspector believes they have enough evidence, they refer the case to federal prosecutors. You’ll then be charged with a mail theft crime. Cases against postal workers get priority due to the public trust issue.

Fighting USPS Discipline

Along with potential criminal charges, accused mail handlers face discipline from the Postal Service. USPS can investigate and punish employees even without criminal charges.

Common sanctions include suspension, demotion, pay cuts, and firing. The Postal Service can fire you even if a court acquits you, since they use a lower standard of proof. But you have some rights, like getting written notice of the charges. You can also challenge dismissal through your union or the Merit Systems Protection Board.

Getting a Postal Lawyer

With such high stakes, it’s critical to get an experienced postal lawyer. Mail theft cases are complex. The right lawyer can assess if the case against you is weak. They know how to get evidence from prosecutors. They can negotiate with the U.S. Attorney’s Office to get charges dropped or reduced. If needed, they’ll strongly defend you in court and argue for leniency at sentencing.

A good lawyer can also help fight USPS discipline. They can pull together your achievements at work to try and save your job. They know postal contracts and can represent you in grievance proceedings. Having a knowledgeable lawyer boosts your odds of beating criminal charges and termination.

Staying Hopeful and Proactive

Being suspected of mail theft is incredibly stressful. You may feel like your job and freedom are at risk. But until it’s resolved, you’re presumed innocent and have options. Stay calm, follow your lawyer’s advice, and let due process run its course.

While waiting, take steps to build your defense:

• Gather evidence and find witnesses to support you
• File an EEOC complaint if discipline seems discriminatory
• Work with your union to challenge any removal
• Only talk to postal inspectors with your lawyer present
• Seek whistleblower status if you have proof of wrongdoing

With smart legal moves, you can beat mail theft allegations. Postal workers have rights. Stay strong. Fight back. You can protect your job, reputation, and freedom.