Being charged with theft in Maryland is a serious matter that can have significant consequences for your life. It is crucial to understand the nature of the charges against you and what steps you should take to protect your rights and future. Theft, under Maryland law, is defined as the unlawful taking of someone else’s property with the intent to deprive the owner of it permanently. This can encompass a range of offenses, including shoplifting, embezzlement, and fraud. The severity of the charge can vary from a misdemeanor to a felony, depending on the value of the stolen property and the circumstances of the theft.
Theft charges in Maryland are categorized by the value of the stolen property. For instance, if the value of the property is less than $100, the charge is a misdemeanor with a potential penalty of up to 90 days in jail and a $500 fine. If the value is between $100 and $1,500, it remains a misdemeanor but with harsher penalties, including up to six months in jail and a $500 fine. When the value exceeds $1,500, the charge becomes a felony, carrying penalties ranging from five to twenty years in prison and fines up to $25,000. Understanding these distinctions is vital as they impact the legal strategy you and your attorney will adopt.
Securing Legal Representation Immediately
One of the most critical steps after being charged with theft in Maryland is to secure competent legal representation as soon as possible. The legal system can be complex and intimidating, and having an experienced attorney by your side can make a significant difference in the outcome of your case. An attorney who is well-versed in Maryland’s theft laws will be able to evaluate the specifics of your case, identify any potential defenses, and guide you through the legal process.
Early legal intervention is crucial because it allows your attorney to begin working on your defense immediately. This can include gathering evidence, interviewing witnesses, and identifying any procedural errors that may have occurred during your arrest or investigation. In some cases, your attorney may be able to negotiate with the prosecution to have the charges reduced or even dismissed, depending on the strength of the evidence against you. By engaging an attorney early on, you can ensure that your rights are protected from the outset and that you are in the best possible position to achieve a favorable outcome.
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Andrew D. Alpert
Michael J. Schreyer
Michael Berman
Jason Miller
Understanding Your Rights
After being charged with theft, it is essential to understand your legal rights. Under the Constitution, you are presumed innocent until proven guilty, and you have the right to remain silent and not incriminate yourself. It is crucial to exercise this right and refrain from speaking to law enforcement or the prosecution without your attorney present. Anything you say can be used against you in court, and even seemingly innocuous statements can be misconstrued and harm your defense.
You also have the right to a fair trial, which includes the right to confront and cross-examine witnesses, the right to present evidence in your defense, and the right to a jury trial in felony cases. Understanding these rights can help you make informed decisions throughout the legal process and ensure that your defense is as strong as possible. Your attorney will help you navigate these rights and advise you on the best course of action at each stage of your case.
With criminal charges starting at age 18 and I’m now 45 I recently got a subsequent charge. Working hard at family and work life over the years this would have ruined it all. Stressed to the max I searched for the person who could do what others couldn’t. They structured a plan for me and I walked today from court. Being no stranger to the courtroom he was more than impressive, he owned it. Be honest with him, do what he says and you will no doubt be in the best possible position you could be in when you walk in with him. From the bottom of heart I thank you and your team for all that you did!” - Ryan W.
Gathering and Preserving Evidence
Evidence is the cornerstone of any legal defense, and it is imperative to gather and preserve as much relevant evidence as possible after being charged with theft. This can include physical evidence, such as surveillance footage, receipts, and any items that may be pertinent to your case. It is also important to gather witness statements from individuals who can corroborate your version of events or provide an alibi.
Your attorney will play a crucial role in this process, utilizing their knowledge and resources to obtain and preserve evidence that can be used in your defense. They will also be able to identify any weaknesses in the prosecution’s case and use this to your advantage. For example, if there is a lack of concrete evidence linking you to the theft or if there are discrepancies in the witness statements, your attorney can highlight these issues to undermine the prosecution’s case against you.
Developing a Defense Strategy
A well-crafted defense strategy is essential for achieving a favorable outcome in a theft case. Your attorney will work with you to develop a defense strategy that is tailored to the specifics of your case. This may involve challenging the evidence against you, presenting alternative explanations for the alleged theft, or highlighting any mitigating factors that could result in a reduced sentence.
One common defense strategy is to challenge the intent element of the theft charge. In order to secure a conviction, the prosecution must prove that you intended to permanently deprive the owner of their property. If your attorney can demonstrate that you did not have this intent, such as in cases of misunderstanding or mistake, it may be possible to have the charges reduced or dismissed.
Another potential defense is to challenge the legality of the arrest or the methods used by law enforcement during the investigation. If your attorney can show that your rights were violated, such as through an unlawful search and seizure, any evidence obtained as a result of these violations may be inadmissible in court. This can significantly weaken the prosecution’s case and increase the likelihood of a favorable outcome.
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Navigating the Court Process
The court process can be daunting, especially for individuals who are unfamiliar with the legal system. After being charged with theft, you will be required to attend various court appearances, including arraignments, pre-trial hearings, and potentially a trial. Each of these stages involves specific procedures and requirements, and it is essential to be well-prepared for each one.
At the arraignment, you will be formally charged with the theft offense and asked to enter a plea of guilty, not guilty, or no contest. Your attorney will advise you on the best plea to enter based on the specifics of your case and the evidence against you. If you plead not guilty, the case will proceed to the pre-trial phase, where your attorney will work to negotiate a plea deal or prepare for trial.
The pre-trial phase is a critical period during which your attorney will engage in discovery, file motions to suppress evidence, and explore potential plea bargains with the prosecution. This phase requires meticulous preparation and a thorough understanding of the legal issues at hand. If the case proceeds to trial, your attorney will present your defense, cross-examine witnesses, and argue on your behalf to secure the best possible outcome.
Considering Plea Bargains
In many theft cases, the prosecution may offer a plea bargain as an alternative to going to trial. A plea bargain involves pleading guilty to a lesser charge in exchange for a reduced sentence or other concessions. While this can be an attractive option in some cases, it is important to carefully consider the terms of the plea bargain and how it will impact your future.
Your attorney will help you evaluate the pros and cons of accepting a plea bargain, taking into account the strength of the evidence against you, the potential penalties if convicted at trial, and your personal circumstances. In some cases, accepting a plea bargain may be the best course of action, allowing you to avoid the uncertainties of a trial and secure a more favorable outcome. However, if the evidence against you is weak or there are significant issues with the prosecution’s case, it may be worth pursuing a trial to achieve a complete acquittal.
Verdicts & Settlements
Preparing for Sentencing
If you are convicted of theft, either through a plea bargain or at trial, the next step is sentencing. Sentencing involves the court determining the appropriate punishment based on the specifics of your case and the applicable laws. This can include jail time, fines, restitution, community service, and probation. It is crucial to prepare for the sentencing phase and present any mitigating factors that could influence the court’s decision.
Your attorney will assist you in preparing for sentencing by gathering evidence of your good character, such as letters of recommendation, proof of employment, and evidence of any community involvement or volunteer work. They may also present arguments highlighting any extenuating circumstances, such as a lack of prior criminal history or the impact of the theft on your personal and professional life. By presenting a comprehensive and compelling case, your attorney can help to secure a more lenient sentence.
Protecting Your Future
Being charged with theft can have long-lasting consequences that extend beyond the immediate legal penalties. A theft conviction can impact your employment prospects, educational opportunities, and personal relationships. It is essential to take steps to protect your future and minimize the impact of a theft charge on your life.
One way to protect your future is to explore options for expungement. In Maryland, certain theft convictions may be eligible for expungement, which involves having the conviction removed from your criminal record. This can significantly improve your chances of securing employment and other opportunities in the future. Your attorney can advise you on the eligibility requirements for expungement and assist you in navigating the application process.
Additionally, it is important to take proactive steps to rebuild your life after a theft charge. This may involve seeking counseling or support to address any underlying issues that contributed to the theft, such as financial difficulties or substance abuse. By demonstrating a commitment to positive change and taking responsibility for your actions, you can begin to rebuild your reputation and move forward with your life.
If you have been charged with theft in Maryland, it is crucial to act quickly to protect your rights and future. The legal team at Alpert Schreyer, LLC has the knowledge and experience to provide you with the guidance and representation you need. We understand the complexities of Maryland’s theft laws and are dedicated to achieving the best possible outcome for our clients. Don’t wait — contact us today to schedule a consultation and take the first step towards safeguarding your future.