Burden of Proof
After someone is charged with any theft crime, the prosecution must be able to prove that the crime occurred. This proof could be shown to a jury of the person’s peers or to a judge depending on the type of crime. One of the things that the prosecution will try to do and is tasked at doing if the case is to move forward is to show that you took items from another without the person’s permission. This is the simple definition of theft. If there is not enough evidence presented, then the case is usually dismissed. One of the things that the prosecution will try to do is show that you either did not know the person you took items from or took items without the person’s knowledge that the activity was occurring. The prosecution also has to prove the value amount of the items that were taken when the theft was committed.
Your attorney can describe the details surrounding the burden of proof that the prosecution needs to meet. If you can show your attorney evidence that you did not commit the crime, then a defense can be presented showing that you are not guilty of the charges. However, these details need to go against any details that the prosecution claims to be able to prove in court.
When the prosecution presents your case in court, it needs to show that there was an intent of some kind when the theft was committed. If you accidentally took something without intending to take it, then the prosecution would not be able to deliver the burden of proof needed in court. Another defense that you could discuss with your attorney is that you believed the items that you took were yours. If you have proof that the items are yours when you go to court, then you’ll usually be allowed to keep them without being charged with the theft of the items.
At times, the prosecution could prove that you added money to a bank account that wasn’t yours and that you were using or that you added money to an account that you didn’t set up in the proper manner. Another detail that the prosecution could show in court would be that there is an abnormal amount of spending on a credit card that circles back to possessions that you now own. Since there are specific details that need to be presented in court, your attorney needs to be able to examine all of the evidence while having a clear understanding of the laws in the state that surround theft. Your attorney can discuss possible defenses with you that could reduce your charges or have them dismissed if you’re able to show that you did not intentionally take the items that you’re accused of taking.
If you’re charged with theft or embezzlement, then the prosecution can offer various types of evidence to show that you intended to commit the crime. Examples of items that can be presented in court include invoices that have been changed, records of receipts and checks that have not been filed properly or that have been altered, and records of cash advances where the money has been deposited into an account that you own or that you have access to for withdrawing money. Once this evidence has been submitted, the prosecution will review the information and monitor details pertaining to accounts to see if there is any abnormal activity. The prosecution will also examine how much money is taken and where it’s going.
If there is no clear bank account involved, then the prosecution could ask to see credit card records, utility statements, or car records to determine where the money has been spent. If you are charged with taking money or items from someone, then these details will be presented in court before your attorney offers a defense as to whether you knew about the activity and your role in taking the money if you were involved. If there is someone else who has access to an account where money has been deposited, then your attorney can sometimes use that as a defense, negating the burden of proof offered by the prosecution in court.
- Actual Loss v. Intended Loss
- Burden of Proof
- Common Misconceptions
- Departure Considerations
- Elements of a Embezzlement Charge
- Embezzlement Sentencing Considerations in New York
- Harm in Sentencing
- Impact of Criminal History
- Juvenile Crimes, Delinquency & Youthful Offender Proceedings: Prosecutors
- Juvenile Crimes, Delinquency & Youthful Offender Proceedings: Raise the Age Law
- Loss in Sentencing
- Mandatory Minimum Sentencing
- Mandatory Sentences
- Misconduct Enhancement
- Mitigating Circumstances
- New York Embezzlement Arrest Process
- NYC Embezzlement Charges
- NYC Embezzlement Defense
- NYC Embezzlement Investigations
- NYC Embezzlement Lawyers
- NYC Embezzlement Offense Characteristics
- NYC Embezzlement Penalties
- NYC Embezzlement Sentencing
- NYC Embezzlement Sentencing Guidelines
- NYC Sentencing Hearings
- NYC Shoplifting Defense Lawyers
- NYC Shoplifting Lawyers
- NYC Theft Lawyers: Theft Crime Loss Estimation
- NYC Theft Offenses
- Theft Crime: Fair Market Value of Loss
- Types of Embezzlement