Gathering Evidence and Alibis

The first step after any theft accusation should always be to immediately start gathering evidence and alibis, according to John Smith, a former prosecutor now in private practice. “Don’t wait for police or prosecutors to build their case while you sit back passively,” Smith advised. “Be proactive. Document everything you can remember about what you were doing during the time of the alleged incident.”

Potential forms of evidence could include receipts, photos, videos, social media posts, cell phone records, eyewitnesses, and anything else showing where you were and what you were doing. A solid alibi from an impartial third party can sometimes completely exonerate you.

Seeking Legal Representation

Retaining an experienced criminal defense lawyer is also critical. “Navigating the justice system is complex,” explained James Johnson, a partner at a Miami firm. “Prosecutors know most defendants lack legal knowledge, so they’ll try to intimidate them into accepting unfair pleas. An attorney levels the playing field.”

Johnson recommends being selective when choosing counsel. Look for someone with specific experience handling theft crimes and negotiating with local prosecutors. Their relationships and credibility can greatly influence outcomes.

Limiting Statements to Police

Anything you say to police can and will be used against you, cautioned Maria Rodriguez, a former public defender. “While you should always comply with officers during an arrest, make no other statements. Police are building a case, not determining innocence.”

Instead, politely decline to answer questions without your lawyer present. This prevents making confused, contradictory or easily misconstrued comments that prosecutors can exploit.

Assessing the Strength of the Evidence

Work closely with counsel to objectively evaluate the prosecution’s case, Rodriguez suggested. “Many times evidence is weak, nonexistent or obtained illegally. We can get charges dismissed or leverage flaws to negotiate better deals.”

Be honest with your attorney so they can craft the best defense. For example, if you actually committed the theft, that requires a different approach than being falsely accused.

Negotiating Lesser Charges

Rebecca Wilson, a founding partner at her firm, said working with prosecutors is often the best option: “Avoid risky trials if possible. I’ve had many cases where we negotiated misdemeanors with no jail instead of felonies. It just requires understanding their priorities.”

Factors like having no criminal record, showing remorse, making restitution, etc. can persuade them to offer lighter sentences. Wilson negotiates daily, so she knows how to craft deals that satisfy both sides.

Alternative Resolutions

Florida has several “diversion programs” to resolve certain theft charges without formal convictions or incarceration, explained Juan Gonzalez, a criminal defense attorney. For example, deferred prosecutions suspend charges pending completion of probation-like conditions.

“These alternative programs emphasize rehabilitation over punishment,” said Gonzalez. “Successful completion earns a dismissal. We’ve kept many clients out of jail this way.” Each program has different requirements though, so experienced counsel is needed to navigate eligibility and process.

Trial Defenses

Of course, not every case can be resolved without trial. “Sometimes the state refuses to negotiate reasonably or dismisses flawed charges,” said Wilson. “When that happens, assertive trial advocacy is needed.”

Wilson utilizes many proven defenses like mistaken identity, lack of criminal intent, insufficient evidence, Fourth Amendment violations, intervening causes, and more. “My firm has successfully defended dozens of clients by establishing reasonable doubt,” Wilson added.

Sentencing Mitigation

If convicted, skilled attorneys can still advocate for minimal jail time through sentencing mitigation. “Judges have wide discretion at sentencing,” explained Smith. “We present evidence and arguments highlighting mitigating factors to justify lighter sentences.”

Common factors include having no record, showing remorse, making restitution, complying with all conditions, and already experiencing collateral consequences from the case. Powerful mitigation can be the difference between prison and probation.

Takeaways

The consensus among these veteran Miami attorneys is clear: those facing theft charges should be proactive and retain experienced counsel to pursue the many options for avoiding or minimizing incarceration. With proper representation and strategic defense, justice does not have to mean jail.