If you have been accused of theft, there are a lot of factors to consider. It is not always an open and shut situation like you might thing. There are rules of evidence and many things to consider.  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.

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.

Do you ever drive through school zones or construction zones? If so, you better be aware of the new law. The law allows drivers to talk on handheld devices, but starting Oct. 1, it will be illegal to use a handheld device in a school zone or construction zone while workers are present. It will still be legal to use hands-free technology such as Bluetooth under these conditions.

How much texting while driving is still allowed?

None. You cannot text while driving. You cannot email while driving. You cannot do anything that involves “manually typing or entering multiple letters, numbers, symbols or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication,” to quote the law. That includes not just texting, but also email, instant message, anything covered by the definition.

Can I text while stopped at a red light?

If you must. Per the law, “a motor vehicle that is stationary is not being operated and is not subject to the prohibition.” So, you can theoretically text at a stop light or while stuck in traffic. But if you try to finish that text as you start moving, you’re breaking the law.

Can I still use Google maps or other navigation apps?

Yes. The law includes exceptions for vehicle navigation, as well as data that is read by the vehicle, radio broadcasts and safety-related information such as weather and emergency alerts.

Can I still talk on the phone?

Yes — for the most part. The law allows drivers to talk on handheld devices, but starting Oct. 1, it will be illegal to use a handheld device in a school zone or construction zone while workers are present. It will still be legal to use hands-free technology such as Bluetooth under these conditions.

How much is the fine for violating the law?

$30 and a point off your license the first time. $60 and three points if you’re caught again within five years.

Can police take my phone to check if I’ve been texting?

No. The law specifically prohibits police who pull drivers over for texting from taking their phones without a warrant. It also prevents police from holding onto a driver’s phone while waiting for a warrant. Additionally, it bans police from tricking or coercing drivers into handing over their phones. And police have to inform drivers that they can decline a search. As the law states, consent for a police officer to search a phone must be “voluntary and unequivocal.”

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.