Facing a theft or burglary charge in Texas can be a daunting experience, bringing stress, uncertainty, and fear about the future. Whether you’ve made a mistake or have been wrongly accused, understanding how to respond to these charges promptly and effectively can significantly impact your case outcome. As experienced criminal defense attorneys in Texas, we’ve outlined the key steps you should immediately take to protect your rights, build your defense, and secure the best possible resolution.

Step 1: Stay Calm and Exercise Your Right to Silence

When charged with theft or burglary, you might feel compelled to explain your side of the story immediately. Resist this urge. It’s critical to remember your constitutional right to remain silent. Anything you say, even seemingly harmless comments, can be used against you in court. Politely inform law enforcement officers that you wish to speak with an attorney before providing any statements or answering questions.

Step 2: Contact a Qualified Criminal Defense Attorney

As soon as possible after your arrest, contact an experienced Texas criminal defense attorney. Theft and burglary charges carry severe consequences, including significant fines, imprisonment, and long-lasting impacts on your personal and professional life. A knowledgeable attorney will guide you through the legal process, explain your charges, and craft an effective defense strategy tailored specifically to your circumstances.

Step 3: Understand the Charges Against You

In Texas, theft and burglary are distinct offenses, each carrying different legal definitions and penalties:

• Theft occurs when a person unlawfully takes another’s property with the intent to permanently deprive the owner of its possession. Penalties depend on the value of the stolen property, ranging from minor misdemeanors to serious felonies.
• Burglary involves entering a habitation or building unlawfully with the intent to commit theft, assault, or another felony. Burglary charges typically result in harsher penalties due to the violation of personal space and safety.

Fully understanding your theft charges helps you and your attorney prepare the most effective defense.

Step 4: Gather Evidence and Witnesses

Begin gathering evidence to support your defense as soon as possible. Document any relevant details, such as alibis, receipts, or communications proving your innocence or mitigating your involvement. Additionally, identify and secure potential witnesses who may testify in your favor or provide context crucial to your defense. Provide your attorney with this information promptly.

Step 5: Evaluate Possible Defenses

Your attorney will review the evidence and facts surrounding your case to determine which defenses apply. Common defenses in theft and burglary cases include:

• Lack of intent: Proving that you had no intention to commit theft or burglary.
• Mistaken identity: Establishing you were misidentified and not present at the crime scene.
• Insufficient evidence: Arguing that the prosecution lacks enough evidence to meet the burden of proof beyond a reasonable doubt.
• Consent or ownership disputes: Demonstrating you believed you had rightful permission or ownership.

Choosing the appropriate defense strategy depends on your specific circumstances, making it crucial to openly communicate all details with your attorney.

Step 6: Address Potential Consequences and Penalties

Theft and burglary charges can significantly impact your life. Possible penalties include:

• Misdemeanor Theft: Typically involves stolen property valued under $2,500, punishable by fines, probation, or jail time up to one year.
• Felony Theft: Applies to stolen property valued over $2,500, potentially leading to substantial fines and lengthy imprisonment.
• Burglary Charges: Often felonies, especially involving residences, potentially resulting in multi-year prison sentences, heavy fines, and lasting criminal records.

Your attorney will clarify potential outcomes based on your theft charge specifics and the strength of your defense.

Step 7: Prepare for Court Proceedings

Preparation is key to a successful outcome. Your attorney will guide you through pretrial hearings, negotiations, plea bargaining, and potential trial procedures. Being well-prepared includes understanding courtroom etiquette, clearly presenting your defense, and working closely with your legal team to ensure the best possible presentation of your case.

Step 8: Explore Plea Deals and Alternative Sentencing

Depending on your circumstances, exploring plea deals or alternative sentencing options may be advantageous. Options such as deferred adjudication, probation, restitution, or community service can mitigate consequences and reduce long-term impacts. Your attorney can negotiate these outcomes on your behalf, striving for a resolution that protects your future.

Step 9: Understand and Address Long-term Consequences

A theft or burglary conviction can significantly affect your future employment opportunities, housing options, and personal relationships. Discuss with your attorney ways to mitigate these effects, including potential expunction or sealing of your records once certain criteria are met.

Step 10: Seek Support and Guidance

The emotional and psychological toll of facing criminal charges is often underestimated. Reach out to trusted individuals, counselors, or support groups for emotional guidance and support. Maintaining a strong support network helps you manage stress and remain focused on achieving a positive legal outcome.

We’re Here to Protect Your Rights

Being charged with theft or burglary in Texas requires swift action and strategic planning. Our experienced criminal defense attorneys are committed to protecting your rights, providing guidance, and vigorously advocating on your behalf throughout every step of the legal process. If you or a loved one is facing theft or burglary charges, contact our office today to schedule your consultation and begin building your strongest possible defense.

Attorney Grant Frankfurt

Attorney Grant Frankfurt is a highly experienced criminal defense lawyer based in Dallas, Texas. For over a decade, Grant Frankfurt has helped individuals navigate the criminal justice system while minimizing the effects of charges. Schedule a consultation today online or call me at (214) 775-5050.