Have you been falsely accused of theft in Sioux Falls, but do not know how to protect yourself? While theft is a serious felony, that does not mean it happens all the time. It is possible to wrongly accuse someone for taking what is not theirs.
One such victim was a young professional who was simply reading through pages of a book that caught their attention. All was well until they heard the dreaded words “Excuse me, I need you to come with me” from the store manager. However, the store’s security footage revealed that another customer had accidentally taken a book while juggling with their other shopping bags.
Although the accusation may be false, being blamed for theft can damage your reputation, result in job loss and get you in unnecessary legal trouble.
Read on to learn what to do when you are falsely accused of theft in Sioux Falls.
Understanding the Laws in South Dakota
It is important to understand the laws surrounding theft in South Dakota, so people have an easier time defending themselves. According to the South Dakota Legislature, theft is classified as an act of “any person who takes, or exercises unauthorized control over, property of another, with intent to deprive that person of the property, is guilty of theft” (Codified Law 22-30A).
In South Dakota, theft is classified in two separate categories: petty theft and grand theft. Petty theft is theft of property valued at less than $1,000. There are two degrees of petty theft: Petty 2nd Degree and Petty 1st Degree.
Petty 2nd Degree theft is property that has a value of $400 or less and is punishable by up to 30 days in prison or a $500 fine. Petty 1st Degree theft is property with a value between $400 and $1,000 and is punishable by up to one year in prison or a $2,000 fine. Grand theft is the theft of property that is valued $1,000 or more.
Grand theft in South Dakota has three classifications:
- 3rd Degree — Property that has a value between $1,000 and $2,500, which is a Class 6 felony
- 2nd Degree — Property that has a value $2,500 and $5,000, which is a Class 5 felony
- 1st Degree — Property that has a value between $5,000 and $100,000, which is a Class 4 felony
- Aggravated Grand Theft — Property that has a value of $100,000 or more, which is a Class 3 felony.
There are certain defenses people can use to protect themselves. Some of the most common defenses include mistake of fact, lack of intent, consent, and right of ownership.
Steps to Take if Falsely Accused
Remain Calm and Don’t Confess
When falsely accused of theft, it is critical that you remain calm and do not confess to anything. Panicking can cause you to make rash and irrational decisions, which can ultimately make the situation worse. Keeping a calm mind prevents you from acting out of emotion and making incriminating statements.
Most importantly, do not let any interrogator cause you to admit guilt to a crime you did not commit. No matter what they say or what evidence they claim to have, you should always maintain your innocence.
You have a right to remain silent and not speak without an attorney present, and you can exercise that right at any time.
Gather Evidence
The best way to prove your innocence is to compile the necessary evidence. Having the right evidence behind you can make your defense more credible. It also helps prove the fact you did not have any intent to steal.
We have compiled a list of the necessary evidence you will need to prove your innocence:
- Witness statements, such as eyewitness accounts or character witnesses.
- Receipts or transaction records, such as proof of ownership and bank statements.
- Surveillance footage
- Alibis, such as details on your whereabouts.
It is important to compile evidence as soon as possible. The sooner you gather evidence, the less likely it is to be lost or possibly altered. Surveillance footage, for example, might be overwritten as time goes on.
Document Everything
Keeping comprehensive documentation of the interactions that led up to the accusation is essential as it will help you prove your innocence. You can do this by having written documentation to preserve important details of conversations and events as they happen. This reduces the risk of key information being forgotten or misinterpreted.
Here is a list of important records you need to document:
- Police reports
- Communication with the accusers
- Interactions with the authorities
- Interactions with any witnesses
Contact an Attorney
It’s ideal to contact a criminal defense attorney as soon as you can. You are allowed to request your own lawyer if you have been arrested. Seeking legal representation from an experienced criminal defense attorney in Sioux Falls, SD, can help you avoid making mistakes that could harm your case. They can speak on your behalf and help you clear your name.
The Role of a Criminal Defense Attorney
Criminal defense attorneys play an intricate role in guiding you through South Dakota’s legal system and making sure your rights are protected. They serve as your advocate and confidant, delivering legal counsel and support throughout legal proceedings.
Being falsely accused of theft is a stressful experience, and your lawyer is there to make it easier for you. By trusting an experienced criminal defense attorney, you can feel confident that your case will be fought with vigilance, dedication and an unwavering commitment to your rights and freedom.
Criminal defense lawyers are professionals who always pursue justice. They operate within the law to help prove their clients’ innocence or secure the fairest sentence when they are guilty.
In the case of being falsely accused of theft, you need a skilled attorney who knows how to handle such cases and can provide you with the confidence that they will prove your innocence in court.
Protecting Your Reputation
A false accusation can have serious ramifications, particularly on your reputation. Even though it may be untrue, people are more likely to become skeptical if they know you have been arrested or accused of theft.
Communicate openly with employers, family members, friends, and anyone else who may be affected by your charge. You can also consider taking legal action to sue for reputational damages if applicable.
You should also closely monitor your online presence and be proactive about addressing any false information that could negatively impact you in the future.
Conclusion
Being accused of stealing is one of the worst things many people can imagine. Having to defend yourself can be even more unfathomable, especially when you are up against a prosecutor and judge.
Working with a criminal defense attorney can increase the chance of you clearing your name and resolving the case. If you are currently facing this situation, you don’t have to go through it alone.
Contact Alvine Law Firm in Sioux Falls, SD, to schedule a free consultation. Our experienced lawyers represent people throughout SD and are there to fight for you.
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