So you have been accused of theft. They have witnesses and

Robber wearing balaclava stealing valuable things

evidence. You may think there is no hope. Well, let’s talk about it. It is not necessarily as open and shut as someone accusing you of taking something and you having what they took. It is important that when someone accuses you of theft, you do not confess or try to give your alibi. Instead, you should speak with an attorney immediately to set up your consultation and go over the possible defenses for your case. There are always two sides to a story, and even if the person accusing you seems to have concrete evidence, know that when you are talking with a police officer anything you say can be used against you. Below, you will find out more information on the possible defenses of theft, but if you would like to speak with an attorney now about your case, please call a law office.

What is theft?

It is important to know what someone is accusing you of when they accuse you of theft. Legally, theft occurs when one person takes another person’s property without their permission with the intent of permanently taking that property away and never giving it back. Thus, when someone accuses you of theft, the two elements they will need to have in their claim are:
•You took their property.
•You intended to permanently deprive them of that property.

It is also important to note that the intent behind the theft is incredibly important. So, if you were in a shoe store and grabbed a pair of shoes, hid them, and intended on walking out the store with them but a security officer caught you before you left, it is still considered theft because of your intent to leave the store with them.

Possible Theft Defenses

When someone accuses you of theft, there are several possible defenses.
1.You Were Intoxicated. If someone is accusing you of theft and you were intoxicated at the time that this theft occurred, you can build a successful defense stating that you had no intent to steal an item and permanently deprive that person of the item. It could also be argued that when you were intoxicated you thought that item was yours. It is possible that this opens up a case for public intoxication, but you can still use it as a valid defense.
2.You Thought the Item Was Yours. This defense is not as simple as stating “I thought it was mine.” However, if you can provide valid evidence that you believed the item was yours, this may be a reasonable defense. For example, if you were at a restaurant and took a coat that was identical to one of yours, you may be able to prove that you believed it was yours through a receipt for the coat and pictures of you wearing it, among other evidence.

If someone has accused you of theft, one of the first things you should do is call an attorney.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Most people don’t think about the fact that when they use their cell phone, it is not exactly private communication. If someone calls a friend to buy a little weed, do they think about the fact that this conversation could be monitored?

Then there’s the host of other data stored by your service provider that tracks where you’ve been and at what time and date. Your phone can even be activated to record you without your knowledge.  Police can monitor your conversations not only when you’re on the phone, but when it’s laying on a table between you and your friend.

That’s why if police ask them to come down to the station “just to talk,” don’t  bring your cell phone.  First, the police don’t ever want to “just talk,” they want to make an arrest.  Next, they’ll seize the cell phone and have easy entry into everything about the owner.  Calls might reveal ties to other suspects and a treasure trove of connections detailing where the suspect’s been over prior months. That could potentially kill any alibi.

Through cell tower triangulation, your service provider records where you’ve been at every given moment. Cell towers are everywhere. The more urban the area, the more towers.  Your cell phone pings from tower to tower as you drive or walk through neighborhoods, pinpointing to a degree determined by the spacing between towers, your location.  These records are kept by your provider and will be provided to police if they ask.

The legal question had been what form did the police “ask” have to take.  Could it be a simple request from law enforcement, or did it have to come in the form of a search warrant signed by a judge and based on a showing that probable cause existed to believe the person’s whose records were being sought was involved in criminal activity? This is the highest standard our law requires

To the surprise of many, the largely conservative Supreme Court decided last week in a 5-to-4 vote that a warrant was needed in order to obtain cell tower records.

In U.S. v. Carpenter, Chief Justice John Roberts wrote that cell phone privacy issues affect everyone, not just people suspected of crimes.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.