Theft

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Theft Lawyer in Summerville

Arrested For Theft in SC?

If so, you may be feeling the pressure right now. Will you be convicted? Are you going to prison? Will you lose your job? There is now a public record that you have been accused of stealing—what can you do to fight these charges and keep a theft charge off your record?

It’s not hopeless—you may have defenses to your charges, like consent, intent to return the items, mistaken identity, or other defenses based on the facts of your specific case.

You may also have other options such as pretrial diversion or dismissal with the payment of restitution, or your case could be dismissed based on your attorney’s investigation or the prosecutor’s inability to go forward due to insufficient evidence.

Regardless of your situation, the criminal defense lawyers at Templeton Mims & Ward will investigate the accusations, gather evidence and witnesses to build your defense, work hard to get your charges dismissed before trial, negotiate on your behalf to get your charges dismissed or reduced, and try your case to a jury when necessary.

The Theft Lawyers at Templeton Mims & Ward Can Help

While theft charges are a serious offense, there is hope. Depending on the facts of your case and your goals, there are several ways we can obtain a favorable outcome in your SC theft case.

Our approach involves a detailed analysis of the allegations against you, including reviewing any surveillance footage, receipts, witness statements, and other evidence that may support your defense. This can uncover inconsistencies or new angles to approach the case that can be crucial in developing your defense strategy. Furthermore, we evaluate other important factors such as your prior record and personal circumstances, which can play a significant role in negotiations with the prosecutor or in court.

Common Defenses for Theft Charges

Solicitor/Prosecutor Drops the Case

For starters, the solicitor or prosecutor could decide to drop the case for a number of reasons. The prosecutor may have insufficient evidence to prosecute, we may uncover evidence or witnesses that support your innocence, or, in some cases, it may be in the interest of justice for the prosecutor to dismiss your charges, possibly after restitution has been paid.

We ensure that we communicate effectively with the prosecution, presenting any and all mitigating factors that could influence their decision to dismiss the charges. This involves presenting a comprehensive package of character references, lack of prior criminal history, or even psychological evaluations if relevant, to demonstrate your personal circumstances and commitment to addressing any underlying issues that contributed to the allegations.

Victim Decides Not to Participate

It’s also possible for the victim to submit a form requesting that the charges be dropped. While the victim can’t drop the charges themselves, if the victim does not want to participate in prosecuting the case, the state may face difficult challenges proving the case and therefore decide to drop the charges.

In these situations, building a rapport and maintaining respectful communication with the victim through legal channels can sometimes improve the prospects for a resolution. We are adept at addressing the concerns of alleged victims respectfully and ethically, often opening pathways that lead to negotiations or agreements encouraging them to reconsider their participation in the process.

Plea Bargain With the Solicitor

In some cases, you may be able to plead to a lesser charge or have your charge reduced. If you’re charged with more than one offense, it may be possible to plead to one charge in exchange for another being dismissed, or the prosecutor may agree to a negotiated sentence such as probation in exchange for a guilty plea.

We meticulously analyze every aspect of the prosecution's case, enabling us to effectively negotiate terms that could result in reduced sentencing, alternative programs, or completely avoiding a criminal record. Our thorough understanding of the legal landscape and strategic negotiations can provide pathways to outcomes that are greatly reduced compared to the initial charges.

The Importance of a Trial

Some cases just cannot be resolved without a jury trial. If the prosecutor refuses to dismiss or to make a plea offer that you are willing to accept, the only option left may be trial. Depending on the evidence that is presented at trial, you may be found guilty, you may be acquitted, or the jury could find you guilty of a lesser-included offense that carries a significantly lower penalty.

Our team prepares extensively for each trial, employing techniques like mock trials and consulting with legal experts to formulate a compelling defense. We also focus on crafting persuasive narratives that resonate with jurors, aiming to highlight the inconsistencies in the opposition's arguments and provide clear, relatable stories that advocate for your innocence or lesser culpability. Additionally, we ensure all necessary motions and pretrial preparations are actively pursued to secure the best possible position before the trial begins.

Helpful Information

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Why Fight Your Theft Charges?

If you are convicted of theft charges in SC, you could be sentenced to probation or you could be sent to prison for as long as 10 years (or longer, if the court gives you consecutive sentences for multiple charges). Either way, you will have a public criminal record that brands you as a thief, that may prevent you from finding meaningful employment, and that may follow you for the rest of your life.

Depending on the facts of your case, hiring an experienced criminal defense lawyer could mean the difference between a dismissal, pretrial intervention, a fine, probation, or prison time.

In addition to these immediate consequences, a criminal record for theft can affect your life far beyond the courtroom. It could impact security clearances, eligibility for housing, loans, or even hinder pursuing higher education or professional licensing. Defending against these charges with a proactive legal strategy is crucial to preserving your future and maintaining opportunities that could be otherwise elusive with a conviction on record.

Here’s What We’ll Do:

Representation at your bond hearing after the arrest
Investigating your case to find the evidence and witnesses you may need to fight your charges
Negotiating on your behalf for a dismissal, pretrial diversion, or a reduced charge
Preparing your case for trial
Trying your case to a jury when necessary

We also prioritize transparent communication throughout your legal journey, ensuring that you understand each step and your options. By keeping you informed, we empower you to make educated decisions about your case, reducing anxiety and building confidence as we pursue the most favorable outcome possible together.

Frequently Asked Questions

Is Theft a Felony?

Theft in SC may be a felony offense, or it may be a misdemeanor. For example, petit larceny where the dollar value of the property is $2,000 or less is a misdemeanor offense, but grand larceny charges where the dollar value of the property is greater than $2,000 is a felony.

Understanding the degree of your charge is essential, as it impacts sentencing severity and the legal strategies we might employ. Distinctions between misdemeanor and felony charges can significantly influence plea negotiations, potential expungement options, and the approach we take toward defending your rights.

Is Theft Considered a Violent Crime?

Violent crimes in SC are defined by SC Code Section 16-1-60, and larceny, or theft, is not on the list. Armed robbery, or theft by use of force using a deadly weapon, is considered a violent crime in SC.

Though theft itself isn't classified as violent, its implications on your record can still bear serious consequences. It's crucial to understand these nuances, so strategies can be tailored appropriately, minimizing severe long-term impacts on your personal and professional life.

Can I Get Pretrial Diversion for Theft Charges in SC?

Theft charges may be eligible for the Pretrial Intervention Program (PTI), but the prosecutor and alleged victim must consent. Restitution would have to be paid in full, and a defendant may not be eligible at all if they have a significant prior criminal record.

Participating in PTI can significantly benefit you by avoiding a formal conviction and possible incarceration. Engaging actively with the program's requirements and showing genuine rehabilitation efforts not only assist your legal standing but also reinforce your positive reintegration into your community.

Can Theft Charges Be Expunged in SC?

A conviction for petit larceny or other theft-related charges in the magistrate or municipal court may be eligible for expungement three years after the conviction (or completion of the sentence) if there are no other convictions on your record.

A conviction for theft, or even for strong armed robbery, under the Youthful Offender Act (YOA) may also be eligible for expungement five years after completion of the sentence.

Expungement not only clears the charge from your record but also restores many opportunities in your life. We assist in navigating this process, ensuring all requirements are met and advocating firmly for your eligibility when the time arrives, opening doors to a future unfettered by past allegations.

Can Theft Charges Be Dropped?

The prosecutor can dismiss theft charges, or any type of charges, due to a lack of evidence, as part of plea negotiations, or in the interest of justice. It may help your case if restitution is paid to the alleged victim, but you should never attempt to contact the alleged victim in your case—this is something that must be resolved by your attorney and the prosecutor.

Drop of charges doesn't necessarily equate to innocence but rather an inability of the prosecution to proceed at that time. Understanding the circumstances that can lead to such outcomes can help prepare a robust defense as we advocate for your best interests aggressively and ethically, enhancing the chances for charge dismissal.

Understanding Summerville Theft Laws

Theft laws in Summerville, like the rest of South Carolina, are designed to address various forms of theft with corresponding penalties. Understanding these laws is crucial for anyone accused of theft, as they dictate the severity of charges and potential penalties. In South Carolina, theft or larceny offenses are categorized based on the value of the property involved. This includes petit larceny for amounts of $2,000 or less, typically charged as a misdemeanor, and grand larceny for amounts exceeding $2,000, which is charged as a felony. The classification impacts not just potential sentencing but also how the legal process unfolds.

An in-depth understanding of these laws can also highlight viable defense strategies. For example, the intent behind the alleged theft is a significant factor in defense tactics. If it can be demonstrated that there was no intent to permanently deprive the owner of the property, this may serve as a potent defense. Additionally, knowing and navigating local law enforcement procedures and judicial tendencies in Summerville can provide strategic advantages. Legal representation familiar with both state and local dynamics can effectively leverage this knowledge to work towards favorable outcomes. By employing a defense team, such as Templeton Mims & Ward, who have not only a broad understanding of the legal landscape but also specific experience with Summerville cases, clients can enhance their chances for reduced charges or case dismissal.

Defending Your Future in Summerville

At Templeton Mims & Ward, we recognize that facing theft charges is not just about addressing the immediate legal ramifications; it's about safeguarding your future. A conviction can have far-reaching effects on employment, housing, and personal relationships, casting a shadow over your prospects for years to come. That's why our approach is comprehensive, addressing both the legal and personal challenges our clients face.

We provide more than just legal representation; we offer guidance and support throughout the process, ensuring our clients are equipped to make informed decisions about their legal paths. We understand the stress and uncertainty that accompany theft charges and strive to alleviate these burdens by keeping clients informed and involved. Our team is committed to building strong defense strategies customized to each client's unique situation, considering not just the evidence but the personal story behind each case.

Additionally, we advocate for rehabilitative measures where appropriate, such as counseling or community service, which can sometimes influence sentencing and show a judge or jury a commitment to personal improvement. By supporting these efforts, we work to mitigate the long-term impacts of theft charges and help clients rebuild their lives post-resolution. This dedication to defending your future is what makes Templeton Mims & Ward a trusted partner in the Summerville community.

Client Reviews

She is professional and shows empathy. She defended me until all my charges were dismissed.
Joel L.
Professional and knowledgeable guidance.
Dylan B.
Professional, proactive, knowledgeable and friendly.
Dawn M.
I picked the right law firm for advice. They communicated the steps that would take place.
Anonymous
Mr. Templeton was extremely professional and guided me through each step of the process in a timely manner.
Dylan B.