When the authorities accuse you of a crime, they must prove you are guilty before sentencing you. All prosecutors use similar tactics to make their case.
Here are some of the ways police and other authorities will try to prove you are guilty of theft.
Presenting “Real” Evidence
Real evidence refers to physical items that are directly related to the alleged crime. This can include stolen property such as jewelry, electronics, or cash. Evidence could also be any tools or weapons used during the theft.
Real evidence is important to the prosecution because it attempts to provide concrete proof of the crime. It also helps establish a clear chain of custody for the stolen property. For example, if a piece of jewelry is found in the suspect’s, prosecutors would see this as a solid example of real evidence. Other types of real evidence might include security camera footage, fingerprints, or DNA.
While real evidence can be powerful in establishing guilt or innocence in a theft case, it must also be properly handled and preserved to ensure its admissibility in court. This means following proper procedures for collecting and storing evidence to prevent contamination or tampering. If improperly handled, any real evidence can be dismissed. Make sure your attorney thoroughly investigates the chain of custody for all real evidence.
Using “Documentary” Evidence
Documentary evidence refers to any written or recorded material that is relevant to the alleged crime. This can include things like receipts, invoices, bank statements, contracts, and so on. This evidence helps establish ownership or prove financial transactions related to the stolen property.
For example, imagine someone is accused of stealing money from a business. Documentary evidence in this case might include bank statements or accounting records, showing the flow of funds. Similarly, if jewelry or other valuable items were stolen from a home, documentary evidence might include appraisals or insurance documents that establish their value.
Documents help establish a clear timeline of events, and they provide additional context for the alleged crime. They must also be properly handled and preserved to ensure admissibility in court.
Electronic evidence such as emails and text messages is also considered documentary. These records can provide valuable insights into conversations and transactions related to the alleged crime.
Employing “Demonstrative” Evidence
Demonstrative evidence in a theft case refers to any type of visual aid, such as photographs, charts, diagrams, or models, that helps illustrate or explain certain aspects of the case.
For example, if the stolen property was recovered from a specific location, demonstrative evidence might include a map or diagram showing the location and how the property was found. Similarly, if there were witnesses to the theft who saw the perpetrator's actions, demonstrative evidence might include sketches or drawings illustrating what they saw.
Demonstrative evidence can be particularly useful in helping jurors understand complex or technical information related to the case. For example, if there is a dispute over how a lock was opened or whether a particular tool could have been used in the theft, a demonstration using physical models or simulations could help clarify these issues.
Demonstrative evidence must be relevant and admissible under the rules of evidence. It must be properly authenticated and supported by other forms of evidence to be persuasive.
Utilizing “Testimonial” Evidence
Testimonial evidence is any testimony given by witnesses, including victims, suspects, and other individuals who have information relevant to the alleged crime. This can include eyewitness accounts of the theft or statements from individuals who had access to the stolen property.
Testimonial evidence can take many forms, including live testimony given in court, depositions taken before trial, or written statements provided to law enforcement. Witnesses may be called upon to describe what they saw or heard related to the theft, provide details about their own actions leading up to or following the crime, or offer opinions about the behavior or motivations of other individuals involved in the case.
For testimonial evidence to be admissible in court, it must meet certain criteria. For instance, witnesses must generally have personal knowledge of the events they are describing, and they must testify truthfully and accurately under oath. Additionally, hearsay statements (statements made out of court) are generally not admissible unless they fall within an exception.
How to Protect Yourself Against Theft Charges
To defend against these types of evidence, several strategies can be employed:
- Challenge the Credibility of Witnesses: Cross-examine eyewitnesses to uncover inconsistencies or biases in their testimony. If their reliability is questionable, it weakens the prosecution's case.
- Dispute Physical Evidence: Challenge the validity of physical evidence by questioning the chain of custody, the methods used for collection and analysis, or presenting alternative explanations for the presence of fingerprints or DNA.
- Question Surveillance Footage: If surveillance footage is presented, scrutinize its quality, angle, and whether it clearly identifies the accused. Any discrepancies or ambiguities can be exploited to cast doubt on its reliability.
- Provide Alibis or Alternative Explanations: Present evidence or testimony that establishes an alibi, proving that the accused could not have committed the theft at the time and place in question. Alternatively, offer plausible explanations for any suspicious behavior or circumstances.
- Hire Expert Witnesses: Engage expert witnesses who can challenge the prosecution's experts or provide alternative interpretations of the evidence, undermining its significance.
- Invoke Legal Defenses: Depending on the circumstances, various legal defenses such as mistaken identity, lack of intent, or duress may apply. Your defense attorney can advise on the most suitable defense strategy based on the specifics of the case.
Overall, mounting a strong defense against theft charges requires careful examination of the evidence and crafting a strategy tailored to the circumstances of the case. Collaboration with an experienced defense attorney is essential to navigate the legal process effectively and protect one's rights.
If you’ve been accused of any form of theft, from a white-collar crime to a robbery, contact Law Office of Mark M. Childress today. We may be able to take on your case and represent you in court. Our number is (817) 497-8148, and you can also reach us online.