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How Tallahassee Lawyers Defend Clients Facing Theft Charges

Being charged with theft can be an incredibly stressful and frightening experience. Many people facing such charges in Tallahassee naturally turn to lawyers for help navigating the legal system and building their defense. Fortunately, Tallahassee attorneys have a wide range of options when it comes to defending clients against theft allegations.

Theft charges in Florida can range from misdemeanor petit theft for stealing items under $300, to felony grand theft for stealing items over $300. Penalties get progressively more severe based on the value of items stolen and other factors. With so much at stake, having an experienced lawyer is crucial.

Investigating the Evidence and Police Reports

The first thing a good defense lawyer will do is thoroughly examine all the evidence and police reports related to the alleged theft. This helps identify any procedural problems with the investigation, inconsistencies in witness statements, improper handling of evidence, or other avenues to get charges reduced or dismissed. As one Tallahassee attorney put it, “We look at the case with a fine-toothed comb to find any cracks that create reasonable doubt about our client’s guilt.”

For example, in a shoplifting case, the police report may list 3 witnesses, but upon further investigation, the defense lawyer finds only one witness who actually saw the defendant conceal merchandise. This discrepancy can raise doubts and get charges lowered. Thorough investigation skills are crucial.

Questioning the Strength of the Prosecution’s Case

Beyond investigation, lawyers also assess how strong the prosecution’s case really is. The State Attorney must prove guilt “beyond a reasonable doubt.” So if the evidence is shaky, based on circumstantial evidence, or relies heavily on one witness’s word, skilled lawyers will attack its credibility.

As one lawyer explained, “We put the prosecution’s case under a microscope to expose all its flaws. One tiny reasonable doubt means our client walks free.” Common strategies include suppressing questionable evidence, impeaching witnesses’ credibility, and keeping prejudicial information from the jury.

Negotiating Plea Deals or Reduced Charges

Rather than risk trial, many theft cases end with plea deals for reduced charges or lighter sentences. An experienced negotiator can often get misdemeanors lowered to civil infractions, felonies reduced to misdemeanors, jail time minimized or avoided, and more. The key is convincing the prosecution that a trial is risky for them too.

As a Tallahassee defense lawyer said, “We make it clear that we’ll exploit every weakness at trial. It’s often better for the State Attorney to take a plea deal than gamble on 12 unpredictable jurors.” Plea bargains take finesse, but can lead to hugely reduced penalties.

Using Affirmative Defenses

Besides attacking the prosecution’s case, lawyers also build affirmative defenses that legally excuse the alleged crime. Common theft defenses include:

Mistake of fact – The defendant had a reasonable but mistaken belief they had permission to take the item.
Involuntary intoxication – The defendant lacked criminal intent due to involuntary intoxication.
Duress – The defendant felt threatened or coerced into committing the theft.
Necessity – The theft was necessary to prevent imminent harm.
Consent – The defendant reasonably believed the owner consented to taking the item.

The key is having a legally valid defense, not just an excuse. Skilled lawyers understand which defenses align with the facts of each unique case.

Humanizing the Defendant

No matter the legal strategy, lawyers also work to humanize each defendant in the eyes of prosecutors, judges, and juries. They dig into their unique background, struggles, and motivations. This mitigates moral judgement and evokes empathy. As one lawyer put it:

“We want the jury to see our client as a human being who deserves compassion, not just a ‘criminal’. People sometimes make mistakes when facing desperate circumstances. Our job is revealing their humanity.”

Factors like mental illness, poverty, addiction, abuse trauma, and more can make theft crimes somewhat understandable, if not legally excusable. Lawyers aim to tell their client’s story in a compelling, sympathetic way.

Seeking Diversion Programs to Avoid Conviction

For some first-time offenders, lawyers can advocate for pretrial diversion programs like deferred prosecution or pretrial intervention. These programs allow defendants to avoid conviction if they comply with probation-like conditions such as counseling, community service, restitution, etc. Successful completion results in charges being dropped. Diversion programs give defendants a second chance to rebuild their lives.

As one Tallahassee attorney explained, “Diversion programs are a win-win – our clients avoid conviction while saving taxpayer dollars on prosecuting and incarcerating them.” These programs demonstrate lawyers’ commitment to their clients’ best interests.

Fighting for Justice and the Best Possible Outcome

At the end of the day, facing criminal charges is frightening no matter one’s guilt or innocence. Compassionate, dedicated Tallahassee lawyers work tirelessly to defend their clients’ rights, fight for justice, and secure the best possible case outcome. They provide knowledgeable guidance and a strong voice for the accused.

As one lawyer said, “We help good people who’ve made mistakes get a second chance. The law is complex, the system intimidating. But with an experienced lawyer on your side, you can get through this.” There are always options and hope.