Preventing Conviction for Theft of Postal Property as an Employee

Preventing Conviction for Theft of Postal Property as an Employee

Hey there! If you’re a postal employee who has been accused of stealing mail, I totally get how scary and overwhelming this can feel. A federal conviction could mean huge fines and even years in prison – not to mention losing your job and reputation. But try to take a deep breath: this situation is navigable, and there are ways to protect yourself and avoid conviction. I’ve worked with a lot of postal employees in this kind of situation, so I want to walk you through some practical tips and legal defenses that could help.

Understand the Charges

First things first: make sure you understand exactly what you’re being accused of. There are a few main laws that apply:

• 18 U.S.C. Section 1709 – This covers theft of mail by postal employees. It says you can’t embezzle, steal, remove or destroy any mail, money, or contents of mail entrusted to you. Conviction can lead to fines and up to 5 years in federal prison.[2]
• 18 U.S.C. Section 1708 – This is the general federal law against mail theft. It applies to anyone who takes mail before it’s delivered to the intended recipient. This can also be punished with fines and up to 5 years behind bars.[4]

There may also be additional state laws prohibiting mail theft, so make sure you know exactly what statutes you’re accused of violating.

Don’t Panic – Start Preparing Your Defense

It’s totally normal to feel anxious and overwhelmed if you’re facing criminal charges. But don’t panic! The good news is, federal prosecutors have to prove your guilt “beyond a reasonable doubt.” You’re innocent until proven guilty. So take a deep breath and start thinking about potential defenses that could raise doubt about the charges.

You Didn’t Actually Steal Anything

If you genuinely didn’t take any mail, money, or other contents from letters or packages, then fight the charges! Prosecutors have to prove you’re actually responsible. Some good defenses here include:

• Mistaken identity – Argue the witnesses who reported you misidentified you or confused you with someone else.
• You were framed – Suggest a coworker or other party stole the mail and intentionally made it look like you did it.
• There’s no direct evidence – If there are no eyewitnesses who saw you take mail and no video capturing it, prosecutors will lack direct proof you’re responsible.

In any theft case, prosecutors have to conclusively link you to the missing items – it’s not enough to just argue you had access or opportunity to take them. So fight back against circumstantial evidence!

You Had No Criminal Intent

Most theft crimes require prosecutors to establish you acted with criminal intent or knowledge. For mail theft, they’d have to prove you knowingly and intentionally took mail that didn’t belong to you.

If you can show you lacked this intent, it’s a solid defense. For example, perhaps you:

• Accidentally took someone else’s mail, thinking it was yours
• Took mail for official postal business like returning to sender, without intent to deprive owner of property
• Suffer from mental illness or diminished mental capacity that prevented criminal intent

Raising doubt about your intent could punch holes in the prosecution’s case.

Law Enforcement Acted Improperly

If police or postal inspectors violated protocol or your rights during the investigation, any evidence obtained improperly may be excluded. Potential issues to look out for include:

• Illegal searches – Your work locker or belongings were searched without a warrant.
• False confessions – You were coerced or tricked into confessing.
• Miranda violations – You weren’t read your rights before police questioning.

Raising these procedural defenses could get damning evidence thrown out, crippling the prosecution’s case against you.

Enlist an Experienced Federal Defense Lawyer

Facing federal criminal charges is daunting, but an experienced defense attorney can help protect your rights, build a strong defense, and negotiate for reduced charges or dismissal if appropriate. Be sure to hire a lawyer who specifically specializes in federal cases, as they have key expertise in navigating federal courts, working with federal prosecutors, and defending complex federal charges like mail theft.

An attorney can also perform a thorough independent investigation of what happened, interview witnesses, and review all the evidence against you to identify the best defense strategies. Having a knowledgeable legal advocate on your side can make all the difference.

Explore Diversion Programs

For first-time and low-level offenses, prosecutors sometimes offer pretrial diversion programs as an alternative to criminal conviction. These involve completing a rehabilitation, community service, or restitution program in exchange for avoiding formal charges and a criminal record.

Your defense lawyer can assess if you’re eligible for one of these programs and then negotiate with the prosecution to get you enrolled. Completing it successfully could lead to the charges being dropped – a huge win.

Consider Plea Bargains Carefully

If the evidence against you is overwhelming and you’re convicted at trial, you could face the maximum penalties. So your attorney may suggest negotiating a plea bargain where you plead guilty to lesser charges in exchange for a lighter sentence.

While pleading out may seem tempting, make sure you understand the long-term consequences. You’ll still have a federal conviction on your record, which can impact future employment and other consequences. Carefully weigh the options with your lawyer before making any plea decisions.

Don’t Give Up Hope

Being arrested and charged with a federal offense can make you feel powerless. But there are always defenses and options, so don’t give up hope! With an experienced attorney guiding you, it’s very possible to get charges reduced or even dismissed. Stay strong and keep fighting this.

I hope these tips give you a good starting point for protecting yourself and avoiding conviction. Reach out anytime if you need support or have additional questions! Wishing you the very best.

-[Your Name]

References

[1] Preventing Conviction for Stealing Mail as a Postal Service Employee

[2] Theft of Mail Matter by Officer or Employee | 18 U.S.C. 1709

[3] USPS, Postal Inspection Service Roll Out Expanded Crime Prevention Measures To Crack Down on Mail Theft, Enhance Employee Safety and Strengthen Consumer Protections

[4] Mail Theft – FindLaw

[5] 665 Postal Service Standards of Conduct – About USPS home

[6] Multiple U.S. Postal Service Employees And Others Arrested For $1.3 Million Fraud And Identity Theft Scheme