What To Do If You Are Accused of Theft
A theft accusation can turn your day upside down in an instant, whether it’s a store security guard pulling you aside, a manager calling you into an office, or a knock on the door from police. In that moment, panic and instinct often push people toward the worst possible moves, whether it be over-explaining, apologizing for something they didn’t do, or agreeing to answer police questions.
The truth is, what you say and do in the first few minutes and hours can shape everything that follows. This guide walks through exactly what to do (and what not to do) from police encounters to facing formal charges, as explained by our Anderson, SC, theft charges lawyer.
Stay Calm and Polite
If someone accuses you of theft, getting defensive or aggressive can make things worse. Instead, choose to stay calm and polite and don’t react emotionally. This applies even if you are innocent.
Preserve Evidence
If possible, get names and contact information for any witnesses who can vouch for your whereabouts during the time of the theft. Written documentation can go a long way, so keep any receipts or timestamped documentation that could prove where you really were. If you were at a location or area that has surveillance cameras, let us know so that we can research nearby businesses and send a spoliation or preservation letter to ensure the footage remains preserved.
Don’t Admit Anything You are Not Sure Of
Avoid blurting out apologies or explanations that could be misread as admissions. Although you may want to say something to ease the tension, this will only work against you.
Ask for Specifics
Rather than getting defensive, inquire to what exactly you are accused of taking and what evidence there is to support that claim.
Ask If You are Free to Leave
If you’re not under arrest, you may be able to walk away.
Remain Silent
If the police get involved, you have the right to remain silent and request that your attorney be present for any questioning. Silence is not a sign of guilt, but rather a Fifth Amendment right. If you are in custodial interrogation (being detained for questioning by the police and not free to leave), then the police must read you your Miranda rights. This includes the right to remain silent, the right to an attorney, and the right to a court-appointed lawyer if you are indigent.
Do Not Consent to a Search
You have the right to refuse a search to your car, home, or personal belongings without a valid search warrant being issued. This right is guaranteed under the Fourth Amendment, although the police may attempt to claim a legal exception to bypass this requirement.
Contact a Theft Defense Lawyer
If you are facing formal theft charges, you should contact an attorney who can be present during questioning and help you build a compelling defense. Theft (charged as larceny in SC) can be a misdemeanor or felony, depending on the amount stolen. If the amount stolen is $2,000 or less (charged as simple larceny), under SC Code §16-13-30(a), a guilty finding may result in up to 30 days in jail or a potential $1,000 fine. A conviction remains on your record forever, leading to dashed career hopes and housing refusals. By getting ahead of the charges, you can prevent these and other collateral consequences.
Theft Allegations? Consult with Our Anderson, SC, Theft Charges Attorney
If you’re facing a theft accusation right now, don’t wait to get informed. By contacting an experienced criminal defense lawyer early on, you can better protect your rights. This comes with the advantage of preserving evidence that may later go missing, permitting our Anderson, SC, theft charges lawyer to develop a compelling defense. To schedule a free consultation, contact Bradley Law today online or by phone.