How to Defend Yourself When Accused of Stealing

Have you been accused of theft? Whether you are innocent or guilty, you could face serious consequences if you don’t know how to defend yourself.

After being accused of stealing, you need to understand the situation and know your rights. Be aware of what you can do to fight the charges that have been brought against you. Most importantly, hire a Brampton criminal lawyer to ensure you have legal representation.

Here is how to defend yourself when accused of stealing.

1. Listen to the accusations so you can understand the situation

If you have just been accused of stealing something, try your best to stay calm. There is no need to panic and start an argument with the person who accused you.

Instead, listen to the accusations so you can understand what happened, what you are being accused of, and what the consequences could be. Ask questions if you don’t understand why you are accused of stealing.

If the accuser is open to discussing with you, explain your side of the story to them. Perhaps you will both conclude that there has been a misunderstanding.

2. Get in touch with a lawyer who will help you prepare your defence

If the theft charges can’t be dropped simply by having an honest discussion with the accuser, you should get in touch with a lawyer. A criminal defence lawyer will help you prepare your defence while ensuring your rights will be respected.

If you are innocent, your lawyer will help you prove it. If you did steal something, your lawyer would help you defend yourself by either proving that you had no intention to commit a theft or that someone else forced you to do it.

3. Prove that the theft accusations are false

The charges against you will be dropped if you can prove that the theft accusations are false. If someone accuses you of something you did not do simply to cause you harm, your lawyer will help you prove it.

Another way to defend yourself when accused of stealing something is to prove you were not even present whenever the theft occurred. This is easy if you have an alibi or witnesses can testify that you were not present when the item was allegedly stolen.

4. Present evidence you are the rightful owner of the stolen item

If you are the rightful owner of the item you allegedly stole, you can defend yourself by proving that you simply decided to take back what was yours, to begin with. You will need evidence, such as a receipt or some dated photos, to prove this.

You could also defend yourself by presenting evidence that you were certain that the item you took belonged to you. This could happen if, for example, you left a restaurant with a purse or a wallet that looks so similar to yours that you were sure it was yours.

5. Provide evidence that you returned the stolen item

If you had no real intention of stealing an item, returning it to its owner, either before or right after you are accused of theft, will help your case. You could also claim that you simply borrowed something and forgot to return it until now.

Unfortunately, proving that you returned or borrowed stolen property might not be enough for the charges against you to be dropped. But it’s still worth doing it, as it could make it possible for you to face less serious consequences.

6. Claim that you were intoxicated and did not mean to steal anything

If you were intoxicated when you took something that wasn’t yours, you need to be able to prove it if you want to use this claim to defend yourself.

If you were under the influence of drugs or alcohol at the time of the alleged theft, you might have stolen something without meaning or taken someone else’s property while being certain it was yours.

Remember that being intoxicated in itself could be considered a criminal offence, depending on the situation.

7. Prove that someone else forced you to commit theft

Finally, you might be able to defend yourself if you prove that someone else forced you or convinced you to commit theft.

Entrapment is when someone encourages you to steal property only so they can then charge you for this crime. If this was the case, you would have to prove that you had no intention of stealing the item but that someone else lured you into doing it.

You could also claim that you stole the item under duress because someone else threatened or intimidated you. If you can prove that you acted under duress because you felt like you had no other choice, the charges against you should be dropped.