How Can a Dallas Theft Lawyer Get Charges Dropped or Reduced?

How Can a Dallas Theft Lawyer Get Charges Dropped or Reduced?

Getting arrested for theft in Texas can be scary. Even a petty theft conviction can hurt your ability to get a job or go to college. But having an experienced Dallas theft defense lawyer on your side can help get your charges dismissed or reduced. Here’s how:

Understand the Law

Texas has one main theft statute that covers all theft crimes[1]. There are 7 degrees of theft charges based on the value of items stolen. For example:

• Petty Theft – under $100
• Misdemeanor A Theft – $500-$1500
• State Jail Felony – $2500-$30,000
• First Degree Felony – over $300,000[1]

A good Dallas theft lawyer understands these classifications and penalties. They use their knowledge to build the strongest defense.

Look for Weaknesses in the Prosecutor’s Case

To convict you of theft, the prosecutor must prove you intended to deprive the owner permanently[1]. A skilled lawyer looks for holes in this story. Maybe you didn’t know the item was stolen. Or someone else took it and you were falsely accused. If your lawyer can create reasonable doubt, the charges may get dismissed.

Negotiate with the Prosecutor

An experienced Dallas theft attorney has relationships with prosecutors. They can negotiate to get charges reduced or dropped. Common options include[5]:

• Pretrial Diversion – charges dismissed after a probation program
• Restitution Dismissal – charges dropped if you repay the victim
• Conditional Dismissal – charges dismissed if you meet certain conditions
• Plea Bargain – plead guilty to a lesser charge

Prepare a Strong Defense

If the case goes to trial, your Dallas theft lawyer should be ready. They will argue you are innocent until proven guilty. It is up to the prosecutor to prove you are guilty beyond a reasonable doubt. A skilled lawyer can get charges dismissed even at trial[5].

Get Character Witnesses

Theft charges can hurt your reputation. Your lawyer can bring character witnesses to testify about your honesty. This can create reasonable doubt and help get charges reduced or dismissed.

Highlight Mitigating Factors

Your lawyer can explain mitigating factors to the prosecutor or judge. For example, if it’s your first offense, you were young, or you were struggling with addiction. This can help gain sympathy and lead to a better outcome.

Expunge Your Record

If convicted of petty theft, your Dallas lawyer can help expunge records after probation. This gives you a clean slate. For serious charges, expungement may be possible after a waiting period[5].

File an Appeal

If you are convicted, a theft lawyer can appeal. Appeals highlight procedural errors, insufficient evidence, etc. Many convictions get overturned on appeal. Don’t give up hope.

Seek Diversion Programs

Diversion programs like community service, counseling, or rehab allow charges to be dismissed after completion. A theft lawyer can help you enter these programs to avoid conviction[4].

Highlight Your Good Character

Your lawyer will explain to the judge that this incident was out of character. Highlight your clean record, job history, family ties, volunteer work, etc. This can help humanize you and lead to a better sentence.

Request Probation

Probation allows you to avoid jail time if you meet certain conditions. A Dallas theft lawyer can argue for probation instead of jail. This gives you a chance to prove you can obey the law.

Request Leniency

Your lawyer can request the judge be lenient in sentencing. Explain how jail time would impact your family and future. Ask for community service instead. Many judges show mercy, especially for first-time offenders.

Request Record Sealing

If convicted of a petty theft, your lawyer can request record sealing after probation. This hides the conviction from public view, though law enforcement can see it. Sealing the record helps restore your reputation.

Seek Drug/Alcohol Programs

If addiction led to your theft, enter rehab. Completing treatment shows the judge you are addressing the problem. In many cases, the judge will dismiss charges.

Request a Fine Instead of Jail

Fines allow you to avoid jail time. A Dallas theft attorney negotiates to keep fines affordable. This punishes you without severely impacting your life.

Use a Diversion Program

Programs like community service, counseling, or rehab allow charges to be dismissed after completion. A theft lawyer can help you enter these programs to avoid conviction[4].

Request Community Service

Judges often substitute community service for jail time. Your lawyer can propose a community service plan to the judge. Serving the community can help you avoid jail.

Highlight Mental Health Issues

If mental illness contributed to the theft, treatment may help more than jail. A theft lawyer can help arrange counseling and highlight progress to the judge. Many judges will then dismiss charges.

File a Civil Suit for False Arrest

If wrongly accused, sue for slander, false arrest, etc. Your theft lawyer can file a civil case seeking damages. Winning proves your innocence and compensates for harm done.

Request Charge Reduction

Felony theft charges can be reduced to misdemeanors in plea deals. Misdemeanors may get reduced to petty offenses. Lesser charges mean lighter sentences. A good theft lawyer leverages this.

Don’t Discuss Your Case

Never talk to police without your lawyer. Anything you say can be used against you. Be polite but say you won’t answer questions without your attorney. This protects your rights.

Remain Silent During Police Questioning

You have the right to remain silent during police questioning. Don’t give statements until talking to your lawyer. Statements often include damaging info that hurts your case.

Hire an Experienced Lawyer

An experienced Dallas theft attorney has relationships and negotiating skills. They know how to get charges dismissed or reduced. Don’t go it alone. Hire a lawyer.

Getting arrested for theft can be scary. But an experienced Dallas theft lawyer can often get charges dismissed or reduced. They understand theft laws and penalties while aggressively defending your rights. Be proactive. Contact a seasoned theft attorney immediately for a strong defense. With dedication and hard work, you can put this behind you.

References

[1] https://www.dfwcriminallawyer.com/dallas-theft-lawyer/

[2] https://www.mcconathylaw.com/criminal-defense/theft-offenses/

[3] https://www.mcconathylaw.com/criminal-defense/theft-offenses/shoplifting-retail-theft/

[4] https://www.lomtl.com/theft-and-robbery-offenses/

[5] https://www.fellmanlawoffice.com/practice-areas/facing-theft-charges-in-the-dfw-area/

[6] https://www.scottpalmerlaw.com/dallas-criminal-defense-attorney/theft-crimes/