Virginia Larceny Lawyer

The following is taken from an interview with a Virginia theft lawyer regarding evidence used to prosecute larceny crimes. To discuss your case call today and schedule a free consultation.

Now What Should An Individual Expect on Their First Day of Court For a Larceny Case?

It depends on the jurisdiction, every jurisdiction handles larceny offenses differently. Whether or not the person is going to be advised of their right to counsel at their initial court date, or at a special pre-trial proceeding, for example is dependent on where the offense is being prosecuted. Typically in northern Virginia, it is unlikely for the Commonwealth to waive jail. When there’s no waiver of the ability to seek jail, it means that the accused has the constitutional right to be represented by an attorney. Therefore, the person accused of larceny offense can request the court give them additional time to secure a private attorney for their choosing or be considered by the court for court-appointed counsel.

What Does The Prosecution Need to Prove in a Larceny Case?

Well, at the heart of any larceny offense the Commonwealth must prove beyond a reasonable doubt that the person obtained goods or services of value and that they obtained them without a right to obtain them. The specifics of how that’s done will determine the type of larceny charge brought—whether someone allegedly took money or property from the place of another, or they allegedly took funds from an account to which they had access but not permission or legal authority to remove, etc. Those are examples of different nuances that make up the different types of larceny offenses. Generally speaking, however, we will see a case where the Commonwealth will attempt to prove that a person took goods or services or money, to which they had no right, that belonged to another and that had a value.

Now How Do They Go About Proving Their Case?

The Commonwealth typically proves the larceny offense through testimony by the victim, and testimony from law enforcement officials that have investigated the case. This made include statements made to law enforcement by the accused. Often a larceny case includes videotapes of surveillance footage, audio tapes of evidence, or financial records.

How Do You Refute That Evidence?

Quite often, we refute the evidence through evidentiary objections in order to prevent the evidence from being considered by the court. A motion to suppress may be filed to limit the Commonwealth’s evidence. Arguments may be made regarding proper presentation of evidence as well.

In many cases, it is difficult for the Commonwealth to lay an appropriate foundation for business records or financial evidence. Expert testimony is occasionally utilized as well as the testimony of the accused in certain instances.

What Constitutional Issues May Arise in Larceny Cases?

The most common constitutional issues that arise in larceny cases are search and seizure issues which implicate the Fourth Amendment. These issues focus on illegally obtained evidence or unconstitutionally obtained statements by the accused. There are also Miranda issues regarding statements.

What Are Some Common Mistakes That You See Individuals Make in Larceny Cases?

The most common mistakes that I see people making when they have been charged with a larceny offense is to speak to law enforcement officials without their attorney present.  This happens when the accused either waives their Miranda rights or volunteers information about the case. Every person has the right to remain silent and exercising that right is nearly always in an accused person’s best interests.

What Are Some Suggestions That You Would Give to An Individual to Help Avoid Making a Similar Mistake?

Beyond simply avoiding the type of conduct that leads to the larceny charges, I would suggest to anyone that may find themselves being charged with a larceny offense to speak with an experienced criminal defense attorney as soon as possible.

What Are Some Common Defense Strategies to Larceny Cases?

Some of the most common defenses in larceny cases are challenging the Commonwealth’s ability to identify the alleged perpetrator or challenging the Commonwealth’s ability to prove value.  Additionally, a lack of criminal intent is also used as a defense in cases when someone acted in a peculiar way, for example walked out of a store by mistake or in an unrelated emergency with goods on their person and that would lead a reasonable person to believe that they did not act with criminal intent to commit the alleged offense.

What Other Methods do You Use to Formulate a Defense Strategy?

Along with examining all the evidence and applying the laws to the facts of the case, I find it important to investigate witness statements and recorded evidence as soon as possible. In addition, I try to develop the good side of the defendant. This may include their employment and social history, things they’ve done that are positive.  After further analysis of the case, we can decide what type of defense strategy together, including whether a mitigation defense, to potentially include community service or educational courses, is a proper avenue.

Why Should I Hire An Attorney For Virginia Larceny Cases?

Due to the fact that larceny charges are taken so seriously in Virginia, it is often a good idea to seek legal representation as soon as you are charged. The following is information on how these cases are treated and why hiring an experienced lawyer is typically a better solution than representing yourself. To discuss in more detail, or find out more information on larceny charges call today and schedule a free consultation with a Virginia theft lawyer.

How Does The State Treat Larceny Cases?

The Commonwealth prosecutes larceny cases very aggressively and considers taking property that doesn’t belong to you as a very serious offense. Especially in this day and age where a lot of people are struggling financially, it is something of an insult to take advantage of a person and take their property for your own enjoyment or to assist your own lifestyle. The Commonwealth also prosecutes certain larceny offenses involving classes of persons or classes of businesses that are particularly vulnerable such as the elderly, the young, or those placed in positions of trust within their companies even more aggressively because they view those crimes as particularly offensive.

Why Shouldn’t You Represent Yourself In A Larceny Case In Virginia Court?

Well, the old maxim I’ve heard from some wise judges is that just because you can perform surgery on yourself it doesn’t mean you should. And the same goes for representing yourself in a legal matter in which your liberty is at stake.  Certainly the Constitution permits an accused person to represent themselves, but I would caution against that. Attorneys that practice criminal defense law in court nearly every day, they know the prosecutors, they know the judges and they know the case law. With this in mind, especially with your freedom at stake, it is often better not to take the risk and instead hire a person who knows the law and has taken the necessary time to develop relationships with judges and prosecutors.