Being accused of theft can be a frightening ordeal. The fear of a criminal record, fines, or even jail time can cloud your judgment. However, it’s important to remember that a theft charge doesn’t necessarily mean a conviction. Getting a theft case dismissed in Houston is possible under some circumstances.
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Common Defenses for Getting a Theft Case Dismissed
In Texas, there are several reasons why a theft case like burglary or workplace theft might be dismissed. These include:
Lack of Probable Cause
Probable cause is defined as the standard by which police have reason to obtain a warrant for the arrest of a suspected criminal. The standard also applies to searches of a person or property. Reasonable belief mixed with objective factual circumstance can give a police offer the probable cause needed to make an arrest. Arresting without probable cause can lead to getting a theft case dismissed in Texas.
The firm definition of probable cause is slippery, as the definition is very abstract and open to interpretation. This is where experienced Houston theft attorney Lisa Shapiro Strauss comes into play. We have a strong track record of helping to get theft cases dismissed for many of our Houston, Texas clients.
Illegal Search
The law governing illegal search can be complicated. Boiled down to the basics, if a police officer conducts a search without a warrant, an no unique circumstances permit the search, no evidence gathered from the search can be used against you. Plain and simple: an illegal search makes inadmissible evidence. Getting a theft case dismissed in Texas can be routine if a police search is deemed unreasonable.
A search can be done without a warrant. Some of the scenarios that permit a warrantless search include:
- Searches after an arrest
- Seizure of material in plain sight
- Urgent situations
- Inmate searches
Insufficient or Lost Evidence
When prosecutors have very little evidence in a theft case, they may conclude there is not enough evidence to move forward with a trial. The theft attorneys at Lisa Shapiro Strauss law firm fully examine all of the evidence and present the information to the prosecutor. Pointing out the lack of evidence in a theft case will often become a deciding factor in stopping the case and dismissing the charge.
Occasionally, a case my also be dismissed because crucial evidence is lost or a key witness is unavailable to testify. Evidence can be misplaced or misfiled, or even lost during a natural disaster.
For example, in 2017 Hurricane Harvey inundated the Courthouse Annex in northwest Harris County. The property room, where evidence is stored, was flooded and 15,000 pieces of evidence had to be moved. Later, it was discovered that evidence in 11 cases was missing or damaged.
Missing evidence will not automatically lead to a dismissal of a case, but on rare occasions it does happen. The evidence in question must be a crucial part of proving the prosecutor’s case before a dismissal would be considered.
Pretrial Diversion
Pretrial diversion is another method for getting a theft case dismissed in Texas. Pretrial diversion is an alternative to prosecution and may be an option if you have no prior criminal history. Pretrial diversion must be applied for and granted by the district attorney. If a client’s application is accepted, you enter into a contract with the D.A. that lays out a plan for community service, anti-theft classes and other possible conditions. There is a price to pay, but pretrial diversion can be a method for dismissing a theft charge.
Importance of Consulting an Attorney
While these are some common grounds for getting a theft case dismissed, it’s crucial to understand that the information provided here is not a replacement for personalized legal advice. Every theft case has its own unique set of circumstances and evidence.
Consulting with a qualified Houston theft attorney is vital for navigating a theft charge effectively. An experienced lawyer can:
- Evaluate Your Case: They will thoroughly analyze the details of your case, including the evidence against you, potential defenses, and any weaknesses in the prosecution’s argument.
- Develop a Defense Strategy: Based on their evaluation, your attorney will craft a customized defense strategy that maximizes your chances of a dismissal or a favorable outcome.
- Fight for Your Rights: They will ensure your legal rights are protected throughout the process and advocate for you in court, if necessary.
- Guide You Through the Legal System: The legal system can be complex and overwhelming. Your attorney will provide guidance and support throughout each stage of the case.
Remember, an experienced attorney can be your strongest ally when facing a theft charge.
Frequently Asked Questions About Houston Theft Charges
What should I do if I am arrested for theft in Houston?
If you’ve been arrested on theft charges in Houston, the first thing you should do is remain silent. Don’t answer any questions about the alleged theft beyond your name and address. It’s best to politely request an attorney. A Houston theft attorney can advise you on your rights and explore options to get your case dismissed.
How long does a theft case dismissal process typically take?
Unfortunately, there is no easy answer to this question. The timeframe for dismissal can vary depending on the specific reasons for contesting the charges and the court backlog. An attorney can give you a more accurate estimate based on the details of your case.
How do prior convictions affect theft charges in Houston?
Having a prior conviction for theft or another crime can impact your current theft case in Houston in several ways:
– Enhanced Penalties: Prior convictions can lead to harsher punishments for a new theft charge. This means even a minor theft offense could result in increased jail time or fines.
– Reduced Chance of Pretrial Diversion: If you have a criminal history, you might be ineligible for pretrial diversion programs that allow dismissal of charges upon completing certain requirements.
– Prosecutors Leverage Prior Acts: Prosecutors may use your past convictions to portray you as a repeat offender and argue for a stricter sentence.
– Defense Strategy: An attorney can explore ways to minimize the impact of prior convictions. This might involve highlighting the time elapsed since the past offense, demonstrating rehabilitation efforts, or focusing on the specifics of the current case.
Get Help from an Experienced Houston Theft Attorney
Have you or a family member been charged with theft? Mistakes happen, but not all theft cases proceed to the trial stage. Having a theft case dismissed in Texas is not uncommon, and the theft attorneys at Lisa Shapiro Strauss law firm in Houston, Texas have represented clients with a terminated case. Contact us today to see if your theft charge has the potential to be dismissed.
