Defense Strategies for Fort Worth Theft Charges
The first thing a Fort Worth theft lawyer will always do is a thorough investigation to find all the facts that the district attorney has and determine if there are any records that need to be subpoenaed, all the past records, video or other recordings. We thoroughly look through the evidence to see if it doesn’t actually prove all of the facts that the prosecution needs to prove beyond a reasonable doubt. If it can’t, then there may be a case for a trial because the jury won’t have sufficient proof beyond a reasonable doubt. We also evaluate the case in terms of any legal matters, such as if the police acted illegally in detaining or arresting the client or in interrogating, searching or gathering evidence.
If we can show that the police acted illegally or violated the client’s constitutional rights, then we can possibly have the judge rule in favor of our client that the police acted illegally, which will cause the case to be thrown out or dismissed. Those are a couple of strategies that are the first avenues that we explore on behalf of our client. Both of those could result in the client being able to expunge the records of the arrest and other records in the case. If we don’t see that we can successfully resolve the case in either of those ways, then we’ll evaluate whether or not, based on our client’s good history and any other factors, we might be able to convince the prosecutor to dismiss the case after our client has maybe taken some steps, such as going to a counseling program or performing community service hours.
That might be where we show that the client is clean and not using drugs or controlled substances. This is a strategy that we often use to get cases dismissed. If that doesn’t work, we can explore whether or not there is a pre-trial diversion program that would be suitable for our client. There are programs that are available that we can get our clients into; and if they complete these programs that puts them in a position where they are also eligible to expunge the record of arrest in their case. So there are many strategies for successfully handling a theft case.
Important Factors to Consider Before Entering a Plea
Without an attorney, they are at the mercy of the prosecutor. They are not going to get the best possible deal from the prosecutor, such as sealing their record, and certainly not expunging it. Without an attorney, they are at an extreme disadvantage. They are not going to know if they had ways to get the case dismissed. Nothing good ever comes out of a person going before the court without representation.
Unique Approach to Theft Cases
What sets us apart is our experience with theft cases, our relationships with prosecutors and the judges, and our reputation when we come into court. The prosecutors know that when we say we are going to fight a case, we really will fight the case, and we’ll likely win if we go to trial. That reputation alone helps us get many cases dismissed. When we make legal arguments to the judges, they respect our opinions. They know that we know what we are talking about; and if we say the law says what we say it does, then the judge looks at that seriously and often rules in our favor. Actual dismissals or successful results for our clients are based on our experience and our reputation.
Our thorough preparation and investigation of cases and also our knowledge of creative ways to get cases dismissed and our familiarity with every possible diversion program or alternative that is available to our clients can possibly put them in a position to get their cases dismissed and their records expunged.