But I don't just do DUI law. I also do other Seattle criminal defense work, which includes, a large majority of the time, Seattle theft charges. Because of that, I decided to do a little post here on what to expect from a Seattle theft attorney and what you can expect based on the type of theft you are charged with (there are three degrees).
Example of How Seattle Theft Charges Can Come About
An example of what I usually encounter in a theft case goes something like this: you are walking through a store, let's say Macy's or Nordstroms or any other store that has merchandise. For whatever reason you pick something up. And for whatever other reason you leave the store with the items (maybe you forgot you were holding them, something distracted your attention, etc.) or the store personnel thought you were leaving when in fact you were still shopping (I have had this happen before).In any event, store personnel approach you, take your things, and escort you back to a back room where they try to intimidate you into confessing that you were trying to steal something. At some point they call the police to come and arrest you, you are processed, and released.
What to do if Investigated for Theft in Seattle
There are some interesting aspects to Seattle theft charges that don't often apply to other charges. Let's say you are charged with marijuana possession in Seattle, right? Usually that charge stems from a Seattle cop pulling you over or stopping you and eventually searching your or your stuff.Because the cops are the ones doing the searching, they have some very special rules to follow that can often create a situation where the evidence against you is inadmissible (this, of course, is if you have a good Seattle DUI attorney on your side). If the cops don't follow the rules correctly, meaning protecting your Constitutional rights, then you may be able to walk away without much trouble. This isn't necessarily so when store personnel is involved.
The reason there are differences between store personnel and cops is because the store personnel aren't acting on behalf of the state. So, while your Constitutional rights remain intact, the fact that the store personnel searched your stuff without a warrant or probable cause doesn't mean the evidence against you will be suppressed and your case dismissed. Quite the contrary actually.
So, although store personnel may rummage through your stuff, remember that there is a right way and a wrong way to handle your encounter with them. And if you want to beat your Seattle theft charges, what you say and do after the store cops come up to you can make a huge difference (particularly in the leverage your Seattle theft attorney will have).
To begin with, the things you should do and say (or not say) are very similar to what you would do and say if you were investigated for Seattle DUI - in the end the goal is to limit the information the prosecutor has against you. The way to do this is not to try to talk your way out of the problem but to keep your mouth shut and deal with it later (unless you truly do have a good explanation for why what you were doing looked like stealing - then you might want to give it a go - but otherwise just be quiet).
Like any other situation, you are not required to answer the questions of anyone. And, unlike old time Las Vegas, if you don't answer questions you are not likely to be harmed in any physical way (this just doesn't happen, so don't be worried about it). In the end, keep your mouth shut, ask for a theft attorney in Seattle as quickly as you can, and deal with the charges once you are released. But in no circumstances should you confess to trying to steal - it just doesn't do you any good at all).
Seattle Theft Law Reviewed
If you are charged with theft in Seattle, you should know there are three degrees of theft - third degree theft, which is the lowest, second degree theft, which is in the middle, and first degree theft, which is the most serious of the Seattle theft charges.Theft is defined in the Washington State Statutes as:
To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; orWhat this basically means is if you take something or get someone to give you something under false pretenses with the intention of keeping it when you know the owner wouldn't let you keep it, you probably have committed a Seattle theft.
(b) By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or
(c) To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him or her of such property or services.
There are, however, a couple of statutory defenses to theft in Seattle as well:
In any prosecution for theft, it shall be a sufficient defense that:What these say is if you honestly believe the stuff you took was yours and you have a good faith claim to it, you won't be guilty of theft, even if ultimately the stuff didn't belong to you. So, for example, if you buy something from someone online and they tell you it's located somewhere and you are free to pick it up and you mistakenly pick up the wrong thing, honestly believing it to be what you bought, you have a defense to Seattle theft charges.
(a) The property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claim be untenable; or
(b) The property was merchandise pallets that were received by a pallet recycler or repairer in the ordinary course of its business.
The three degrees of Seattle theft are created based on the value of the items you've taken. Third degree theft in Seattle< is a gross misdemeanor, meaning you would face a punishment of a maximum of 1 year in jail and a $5,000 fine. Third degree theft is present if you steal something that is $250 or less.
Second degree theft in Seattle is a Class C felony, with a sentence varying depending on your criminal history (the more criminal history you have and the worst stuff you've done, the higher the sentence). Second degree theft has occurred if you steal something worth more than $250 but less than $1,500.
And finally, first degree theft in Seattle is a Class B felony, again with the sentence depending on your criminal history. First degree theft occurs if you steal anything over $1,500 in value, if you take something directly from the person of another, or if you steal a search and rescue dog while it is on duty.
As you might expect, Seattle theft charges are no joke and should be taken seriously. That means if you are charged with theft you should get a Seattle theft attorney as quickly as possible. They'll be able to explore the different options you might have concerning stipulated orders of continuance, compromise of misdemeanor, and other options that might help you beat your theft charges.
Related Posts:
Seattle DUI Attorney | Search and Seizure
Seattle DUI Attorney | Right to Remain Silent
