Criminal Attorney Explains How to Beat a Theft Charge

Рет қаралды 102,182

4 жыл бұрын

In this video a criminal attorney explains how to beat a theft charge. This could be a shoplifting court case, a theft charge from Walmart, grand theft charges, or a petty theft charge.
Follow us on Instagram: / visit www.gustitislaw.com for more information about how to beat a theft charge in court and criminal attorneys in Bryan-College Station, TX.
This video considers how to beat a theft case by challenging identity, intent, consent, and search and seizure issues.
**My Video Production Gear**
Canon EOS Rebel T6i (amzn.to/2NsgwKL)
RODE VideoMic Pro R Studio Boom Kit (amzn.to/2r9rk2E)
Lightdow 12x12 White Balance Reflector (amzn.to/2Df2rf5)
Ravelli APLTA 61” Aluminum Tripod (amzn.to/2NpZ4q9)
Neewer Dimmable Bi-color LED Video Light (amzn.to/2OG3upF)
Stephen Gustitis on Social Media:
/ stephen-g. .
/ gustitis-law. .
/ gustitis_law
Other Relevant Links:
www.bryantexasdwi.com
www.collegestationtexasdwi.com
Disclaimer:
This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals. The use of the Internet for communications with the firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.
About This Video:
In this video, criminal attorney Stephen Gustitis describes how to beat a theft charge by challenging the key components of the prosecutor's case. This could be a shoplifting court case, a theft charge from Walmart, grand theft charges, or a petty theft charge. Steve is a Texas Board Certified Criminal Defense Lawyer practicing in Bryan-College Station, Texas. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including how to beat a theft charge. #theftcharges #gustitislaw #defendingtheft

Пікірлер: 1 600

@jdhamm3681 4 жыл бұрын

This is useful and helpful to know as a person on the plaintiff side. I think you brought up valid points the accused and their defense will try to do, and with this video I can make sure to have proof for each of your points!

@GustitisLaw 4 жыл бұрын

Thanks for your comment. I’m glad you enjoyed the video.

@albaniansk8er 4 жыл бұрын

Jeon Hamm looks like someone stole some shit 😂

@jdhamm3681 4 жыл бұрын

Oli B indeed lol

@wkwilson3330 Жыл бұрын

Brilliant

@GustitisLaw 7 ай бұрын

@@wkwilson3330 Thank you!

@cathywalters7939 3 жыл бұрын

Your videos and knowledge has been beyond helpful to me and wish I found you when my case started in 2018. Thank you for all you do to help people ❤

@GustitisLaw 3 жыл бұрын

Thank you for your kind words.

@solerso68 11 ай бұрын

Thats really inspirational cathywalters how many theft raps have you beat ?

@billyn9666 2 жыл бұрын

Thank you for this video and your responses. For petty theft from a big box store, is it better to hire an attorney vs using the public defender? First offense and it was an accident , scatterbrained and absent minded from extreme care-taking of grandma and aunt; it was a rug and towel. Again, thank you!

@GustitisLaw 2 жыл бұрын

To get a public defender, you must financially qualify for the appointment and you do not get to choose your attorney. If you want to choose the attorney you want, you must hire one. In either case, I cannot speculate whether one option is better than another. I wish I could be more help.

@billyn9666 2 жыл бұрын

@@GustitisLaw Thank you. Hire an attorney after pleading not guilty or before going to the initial court date? I do not have much..

@jacquelinemanzano9328 2 жыл бұрын

Excellent information, thank you for taking the time to educate on this particular subject matter. I have witnessed how people are so easily coerced into a guilty plea for petty white collar crimes.

@GustitisLaw 2 жыл бұрын

I appreciate your kind words.

@Stiffd1 3 жыл бұрын

Your Permission point is valuable! Thankyou!! In a MOWP case. I am about to attend court for this as dft. I asked this very question to find bank after unfinished service and it was granted. OTS is void then, so I understand. I did not return as provider refused spk to me and I feel it's a form of entrapment. Would I be right in thinking that Mr. Gustitis?

@GustitisLaw 3 жыл бұрын

First, thanks for visiting and for asking an important question. Since I don't understand the acronyms you utilized in the question, I don't know how to answer the question. Can you please rephrase and not use acronyms? Thanks.

@Stiffd1 3 жыл бұрын

Sorry. Making Off W/o Payment. (MOWP)

@Stiffd1 3 жыл бұрын

OTS: On The Spot payment required. I did not have enough cash. Credit Card was also not acceptable by reception though fully operational, then and only then was I informed it was cash only!

@realSimoneCherie 4 жыл бұрын

It's devasting how easily prosecutors compel pleas for charges like theft when someone does not have an attorney because they do little to no work and get their way. In some states, felony theft indictment does not require a grand jury (Georgia), and the court determines eligibility criteria for appointed counsel (Georgia). I know from my own juror experience, that reasonable doubt gives way to personal bias on a regular basis.

@GustitisLaw 4 жыл бұрын

You have a very practical understanding of our justice system! Without competent legal representation, and paying for it, a person is at the mercy of prosecutors and judges. It's also important to know why. Our system is an adversarial one. That means it's you versus them. Unless you have a lawyer who knows how to take advantage of the system, you are at extreme disadvantage. Thank you for visiting, commenting, and adding to this important discussion.

@supportiranianfreedom4982 Жыл бұрын

@@GustitisLaw Basically it's about Winning, not Justice....smh.

@GustitisLaw Жыл бұрын

@@supportiranianfreedom4982 Conversely, the defense does not care about justice. We only care about winning. Thanks for commenting.

@wkwilson3330 Жыл бұрын

you are a frickin joke don't care about justice just winning you should be stripped of your license

@anonymous2202 2 жыл бұрын

Thank you for the information sir

@GustitisLaw 2 жыл бұрын

Of course!

@jayyopp 2 жыл бұрын

Got court in a hour. Got more information from this video than my own public appointed lawyer that I've had for 2 years. 😭😓

@GustitisLaw 2 жыл бұрын

Make sure to talk with your lawyer about this video and information.

@tyson64788 Жыл бұрын

Update ?

@zeusamothekid4856 4 жыл бұрын

Question, so I was in Walmart with my cousin, and we was getting items. We were purchasing the items separately. We went to self check out, I scanned the same shirt twice on accident, thinking I scanned the other shirt I had next to it, thinking both shirts scanned. I had both tags lined up together thinking both would go through.My cousin on the other hand thought it be a good idea for her to only swipe some of her items , me being in my phone, every time she says put item in the bag for her, after she (supposedly) scanned item, I would do it. Soon as we are walking out, I notice on my receipt that I scanned the same shirt twice, before I could go back, the manager Approach’s us saying we stole stuff, I know I didn’t, but I knew she did. So they charged both of us with shoplifting when I wasn’t the one who was stealing. They said because we were together. I really don’t want this on my record because I want to be social worker. I don’t wanna go down for something she did. The items she didn’t pay for was 201.06.

@GustitisLaw 4 жыл бұрын

Then you’ll need the help of a criminal defense attorney to help you. Just because you knew your cousin was stealing does not make you responsible for stealing. However, if you knew they were stealing and you helped them to steal, that is a different story. To be responsible for theft, you must have the appropriate criminal intent at the time the theft occurred. Your lawyer will help you figure this out.

@ryanmurray8277 4 жыл бұрын

Daquan your basically fucked lol

@OEB__94 4 жыл бұрын

Could I counter sue, if someone falsely claims me for being a theft

@GustitisLaw 4 жыл бұрын

I don't know. You'd need to consult with a civil litigation attorney to determine whether you could sue, and whether an attorney would be willing to accept the case. Thanks for your question!

@demihicks4359 4 жыл бұрын

Yes you can

@chrisacosta6820 4 жыл бұрын

Hi OBE KING you mind if we can talk about your situation Im I a similar situation I just want to here some stuff from someone who has been Through it

@OEB__94 4 жыл бұрын

@@chrisacosta6820 sure

@chrisacosta6820 4 жыл бұрын

OEB KING 7142692422

@rawlifestoriesbythicktrunk8774 2 жыл бұрын

Even though you couldn't help thanks for doing what you do money talks and the ones that don't have it are usually the ones in jail. I got this case I'll keep posted what happen thanks for helping the little guy

@GustitisLaw 2 жыл бұрын

I'm glad I could help, even just a little bit!

@northpolenate 10 ай бұрын

great video and smooth explanation. i am studying law and am curious if the only identity evidence they have is fingerprints but they are smudged and impartial will it count as evidence? is it easy to have smudged fingerprint evidence thrown out? will it create reasonable doubt?

@GustitisLaw 10 ай бұрын

It's impossible for me to answer your question. I have know idea what the facts are and I cannot complete an independent investigation of the law applicable to the case.

@alienlifeishere 3 жыл бұрын

What evidence do they need to accuse an employee of theft? I feel like I’m being kept a close eye on at work and I don’t know why. Things have gone missing in our department and I feel like managers suspect me.

@GustitisLaw 3 жыл бұрын

Keep your mouth shut. Say nothing about the alleged thefts. Do not steal, of course. Theft can be proven in many ways. They must prove you intentionally appropriated property, without the effective consent of the owner, with the intent to deprive the owner of the property.

@alienlifeishere 3 жыл бұрын

@@GustitisLaw I’m wondering, in what ways can they prove it? If they don’t have any video footage of anyone stealing, and there are no eye witnesses (at least that’s what I am assuming), how else can they get a person for theft? I haven’t stolen a thing in my life, especially not from a workplace of mine. I’m just worried about being wrongfully accused and not finding a way out of the accusations. Thank you for your response, I really appreciate it!

@Itwaswritteninthestars 2 жыл бұрын

Good questions how can they say you did when you didn’t

@moesharivera5826 4 жыл бұрын

watching now cuz i got court tmr :D

@GustitisLaw 4 жыл бұрын

Don't make ANY decisions about your case until you've consulted with a criminal defense attorney. Thanks for watching.

@moesharivera5826 4 жыл бұрын

Gustitis Law my parents have told me to not contest it and it was also my first time ever getting in trouble , i honestly don’t know what say and its stressing me out.

@GustitisLaw 4 жыл бұрын

@@moesharivera5826 Please talk to a defense lawyer about the case. Your parents are not aware of all the long-term consequences of your plea. A theft case, of any degree, can have lasting negative effects.

@whazgoodcuhhhz6486 4 жыл бұрын

Lol me too

@GustitisLaw 4 жыл бұрын

@@whazgoodcuhhhz6486 Thanks for your comment!

@mollycastles 8 ай бұрын

Hi Steve, a friend of mine went to a 4’day music festival, and it’s the one time of year that she participates in extracurricular substances. About halfway through the festival, she took a shuttle to Walmart, and on the way she realized her phone was dead. There was another festival goer on the bus that offered my friend her phone cord and charger that she could plug into an outlet while they were both shopping . The outlet was on the front wall inside the store. After plugging in her phone, she walked around looking for something to quench her thirst as it was very hot at the festival and she was dehydrated. She decided on a box of popsicles. She took out a popsicle and began eating it. She went to the front of the store to make sure no one had taken her phone before checking out. Immediately she was surround and accused of petty theft! She was dumbfounded. She certainly had no intention of stealing especially given the fact that she was openly eating a popsicle and the popsicle box was in plain view. She explained to them that she was checking on her phone and the other persons charger but it was useless. Is this a charge that can be beat? Thanks for any advise!

@GustitisLaw 6 ай бұрын

Hi Molly. I appreciate you watching and commenting on the video. Here's my problem. When asked to respond to specific questions about a specific case, I am actually giving legal advice. That's what you hire your own lawyer for. Additionally, I cannot give legal advice away without a full investigation of the facts myself. That would be malpractice. And lastly, I cannot give legal advice for free.

@tommyk2598 4 жыл бұрын

What if something was taken from an abandoned burnt down gas station? Is there any way around a theft charge in that case?

@GustitisLaw 4 жыл бұрын

If the owner of the gas station truly abandoned the property, then you might have a defense. However, that real estate belonged to someone. A bank, an heir, someone waiting for the right time to rebuild, a real estate investment trust, an insurance company. Anyone of those people would have a greater right to possession of the property. Consequently, I doubt that abandonment would work in that situation.

@arendsmith9527 4 жыл бұрын

Love this videos

@GustitisLaw 4 жыл бұрын

Thank you for your kind words and for watching. I'm glad I could help.

@arendsmith9527 4 жыл бұрын

Gustitis Law I’m starting my own Criminal Law practice here in South Africa. I’m learning a lot by watching your videos. Thanks a lot.

@GustitisLaw 4 жыл бұрын

@@arendsmith9527 You are welcomed!

@weslackey2553 3 жыл бұрын

Can you beat a theft charge from Walmart when you really didn't know you didn't ring it up and even bought a lot of stuff at the same time but truly didn't know it didn't scan it?

@GustitisLaw 3 жыл бұрын

Your defense will depend upon whether the jury believes your story. If they believe you, you'll win. If they don't believe you, you will lose. Good luck with your case and thanks for your question.

@thebaldheadgirl 3 жыл бұрын

I am facing that now. Today they gave me a charge saying stuff wasn’t rung up and I have court I have no prior and I am praying this could get dismissed in a way: what are some pointers?

@mandyh.4205 3 жыл бұрын

I'd say, "hey i was never properly trained for the check out persons employment position. How can i be charged with out a reasonable doubt?" If i was on that jury i couldn't say you did it intentionally. I don't think anyone could sentence someone of that kind of crime since you weren't properly trained to check yourself or anyone else out. But I'm not a lawyer or a judge so idk.

@dionnebouyer5288 3 жыл бұрын

@@GustitisLaw Update please? Did you go to court already?

@GustitisLaw 3 жыл бұрын

@@dionnebouyer5288 This was not my case.

@muddyriver202 4 жыл бұрын

what if you open a package but havent attempted to leave the store with a product is that still a shoplifting charge

@GustitisLaw 4 жыл бұрын

Stores usually wait for you to leave the store with the merchandise before seizing you because they have better evidence of intent. But a shoplifting case does not require a person to leave the store with the merchandise. They could try to prove intent in other ways, or they could prosecute for attempted theft.

@drewhensley9299 2 жыл бұрын

Thank you!

@GustitisLaw 2 жыл бұрын

You're welcome!

@grantjones6952 4 жыл бұрын

So a little more than a month ago, me and my friend went to walmart. Made some mistakes and put a little 10$ paint pen in my pocket and my friend had two cans of spray paint. While our intent was not to steal and just wanted something to do as bored teenagers, we did not buy anything else and walked out. About three steps out of the store we get surrounded by their loss prevention officers/agents and they said that we need to talk about some stole merchandise. They pulled out the package of what I had put in my pocket and I gave it back right then and there, hoping that they would see I realized I messed up. We go back to their office, where they didn’t really say anything other than the situation and that cops were on the way. We wait about an hour and a half and she finally got there, she basically just said everything they had. Got our names, addresses, birthdays, etc. She runs our info, comes back with our citations and asks us if we are willing to answer some questions. I don’t say anything and look at my friend and he says sure, so she asks him first then moves on to me and with thinking I had to answer as well, I did. That’s where I feel I really messed up as she asked if we stole from walmart today, if we came with intent to steal and if we have ever stolen from walmart before. We’re finally let go around 8:15-8:30 and I’m just lost on the whole thing. I’m 17 and this is my first offense. We hired an attorney, but I just want to figure out how this seems to you and if I have any chance of getting it off my record. I know I messed up and really wish I could change it but it’s too late for that now. I really want to be able to have a somewhat decent life not ruined by a 10$ paint pen I stole. Thank you for reading this if you do!

@GustitisLaw 4 жыл бұрын

Please rely upon your attorney's advice in this matter. They have access to the evidence, the prosecutors, and the court where your case is pending. It sounds like this is a minor offense, but serious nevertheless. A theft conviction of any grade can be devastating to one's future. There may be ways to keep this charge "off your record." Make sure you are asking your attorney these questions. Thanks for commenting.

@grantjones6952 4 жыл бұрын

Gustitis Law you’re right, I would, but as of now we can’t meet and haven’t due to the worlds situation and just thought I could get some light on the matter.

@GustitisLaw 4 жыл бұрын

@@grantjones6952 Try calling your attorney on the phone, or use ZOOM to meet virtually on your computer.

@kevinjang8209 4 жыл бұрын

“Borrowing is ok as long as you give it back”- Mr.Krabs

@GustitisLaw 4 жыл бұрын

While borrowing, if you deprive the owner of the substantial use of their property, there is an argument for a theft charge, even if you give the property back. So be very careful!

@MisterMikeTexas 3 жыл бұрын

When I was 6 years old, Mama whipped me good for "borrowing" a toy from a local five and dime. Consequently, I'm not a burglar today.

@jabzeelroca8257 4 жыл бұрын

question, about 2 weeks ago i was making a food delivery and i couldn't find the house so i just in somebody else purch and i saw some packages on the floor and i took them but the house had a camera and this morning the police come to my house asking for me and told me to go to the police station whenever i could. and am i in big trouble?

@GustitisLaw 4 жыл бұрын

Yes, you are. You committed theft. The police want you to confess so they can send you prison. Consequently, remain absolutely silent. Answer NO questions. Ask for your lawyer at every opportunity. Keep your mouth shut. Hire a lawyer tomorrow.

@Dmccall69 3 жыл бұрын

@@GustitisLaw i have a Wal-Mart shoplifting case where the other person was scanning the items and and they ask me to bag. but when I put the bags in the cart and they told me to give them 60.00 to pay for the items. so after that i had to go to put money on my walmart card and went to the parking lot. and they was not there when I went back in they told me to come in the room where the they was unloading the car and saying all kinda of smart stuff then the police comes in. run a check then writes a citation. for a 1st hearing date. the party that was scanning pleaded guilty today aug 5th but they gave me a court date for October of this year so walmart will bring video or evidence what would i need to do

@ngugimillicent7426 3 жыл бұрын

@@GustitisLaw worked at a hardwareshop invoice a client material which he dint receive but i sold the good .now on his account shows he has a balance which his to pay abd yet he dint receive the material. How do i defend maself.

@mervismulenga6168 10 ай бұрын

Thank you for helping

@GustitisLaw 10 ай бұрын

Of course.

@MisterMikeTexas 3 жыл бұрын

Being as I have a conscience, I don't take or "borrow" others' property without consent, and I encourage other folks not to do so either. That's the best way to prevent a theft charge. I'd say it's at least 95% affective if not moreso.

@GustitisLaw 3 жыл бұрын

Thanks for your helpful comment here at my Channel.

@supportiranianfreedom4982 Жыл бұрын

what happens in the case of the 5%???

@hecx3611 Жыл бұрын

I can say the same. I was accused of stealing a phone froma. Property while doing delivery. I have a conscience and want no parts a criminal lifestyle

@anonymous-mt5we 4 жыл бұрын

how she rob me a sim load in the store worth 4k and i didnt know that she just rob me whaa what case it is

@anonymous-mt5we 4 жыл бұрын

i have only the evedince of his no. that globe track it the no. but i cant remember his face and

@GustitisLaw 4 жыл бұрын

I appreciate your visit, but I have no idea what your question is.

@evaristochisha4390 Жыл бұрын

This is very helpful

@GustitisLaw Жыл бұрын

I'm glad I could help you!

@evaristochisha4390 Жыл бұрын

@@GustitisLaw thank you so much because this a case am having in court

@ridvanarikan9041 3 жыл бұрын

Hello, I recently just started a job at a mall, and a store next to me had a bathroom that they let employees of the mall use. One of the workers had left their bag in the bathroom, and had 2000 dollars stolen. Mind you, many people used this bathroom, and I was not the only one. A problem with this is I might have touched the her stuff in the bathroom because of it being right in front of the sink to wash my hands. Apparently, the worker suspects I alone took the money, and not the many other people who use that bathroom. She is threatening to take me to court, What can i do?

@GustitisLaw 3 жыл бұрын

Keep your mouth absolutely shut. Remain silent. Answer no questions. Talk to a criminal defense attorney.

@michaelfile6477 3 жыл бұрын

My 12 year old son received a theft citation today. I sat in on the interview, told the officer my son would not answer questions. The incident was silly, three boys hitting golf balls at a driving range, one boy lost some headphones, accused my son, his name came up on the school campus, and the school resource officer wrote him a ticket for theft. She also wrote the wrong code on the citation. The code on the citation does not exist anymore. My son was never found with the “stolen property” on his person, his backpack, anywhere. This citation came from a school resource officer, the supposed offense occurred miles from the school, there’s no video, there’s no physical evidence, the alleged stolen property has not been found. As a parent, I’m infuriated by this charge. How do I beat this thing as a parent without hiring a high priced attorney?

@GustitisLaw 3 жыл бұрын

You are ill-equipped to represent your son. You are not familiar with the rules of procedure or the rules of evidence. You are not trained to cross-examine witnesses. Your best approach is to hire a criminal defense attorney to perform this work.

@KnightShift006 2 жыл бұрын

The charge will be dismissed lack of evidence sweetheart

@KnightShift006 2 жыл бұрын

Stick to your own knowledge pay them nothing. You do have enough insight

@KnightShift006 2 жыл бұрын

Keep silent and wait for the prosecution to fumble Case dismissed

@Adrian-xd6cq 2 жыл бұрын

I have a question when your son committed the theft how long did it take to receive a citation from the date of when he did the theft?

@itsmelizzy1597 4 жыл бұрын

So I have a class 5 felony theft charge, but I made a deal with the person I stole from and that person said that the charges will be dropped once I return the stolen property back, is this possible? Or should I just hire a attorney?

@GustitisLaw 4 жыл бұрын

Hire an attorney. You take too many risks handling this situation on your own. You risk self-incrimination and you risk someone stabbing you in the back.

@sarahlooks8528 4 жыл бұрын

valentina lowse why not hire helpcare.tech they helped me expunged my theft file years back while in Tennessee

@GustitisLaw 4 жыл бұрын

@@sarahlooks8528 It may not be that simple. Valentina must first successfully deal with the charges against her. State laws regarding expungements are very technical and if you don't meet their requirements exactly, you won't be able to expunge anything. I stand by my original advice for her to hire an attorney to handle this tricky situation.

@jereecain1726 3 жыл бұрын

Watching this as I have court tomorrow 🤧a group of friends and I attend a small college upstate ny and go to Walmart weekly on our school van. We where separate and proceeded to self checkout. Late for the van we skipped many items and proceeded to put it in our bags. We where stopped by lost prevention and directed to a room where another friend was already being held. They dumped out bags together and charging us for stealing all each 144 items with a $762 total. I wish they would’ve charged us separately. We were arrested, taken to the station and let go on a dat. Should I plead not guilty? Then proceed to ask for a public defender until I can hire a private one? Can I ask for a diversion program myself , will I be eligible ?

@GustitisLaw 3 жыл бұрын

You should plead not guilty and obtain a defense lawyer, either public defender or private. I don’t know whether this prosecutor has a diversion program, so I don’t know whether you will be eligible. Thanks for your questions.

@monsevargas1971 3 жыл бұрын

How did your case go?

@keith4886 Жыл бұрын

Thank you.

@GustitisLaw Жыл бұрын

You're welcome!

@bigbro_lilsisfratto2313 2 жыл бұрын

I been watching your channel for 1 year and some change. Your very knowledgeable. I have a question for you so I pled guilty to a second-degree burglary Four weeks before so I never did my PSI for probation “ got a 6/5 split” and then September 2020 I got charged with another second degree burglary charge and tomorrow is my grand jury to see if they’re going to date me or not so my question to you is should I testify or should I not I have a really good lawyer and he’s telling me not to but I feel that either way I’m gonna be screwed. Because if he gets indicted then it’s gonna go back onto my county judges desk and now he can arrange me for the first case I played guilty to what should I do?!!!

@GustitisLaw 2 жыл бұрын

Remain silent and follow the advice of your lawyer. They know better how to advise you.

@jodibrooks9933 3 жыл бұрын

Hi. I know someone who is in jail for felony theft by receiving stolen property. They went before the judge for a bond hearing. The judge ordered an evaluation be completed. Seems very odd to me. Any idea as to why the judge needs an evaluation completed?

@GustitisLaw 3 жыл бұрын

If the judge believed the person was suffering from mental illness, they could order an evaluation. The problem is anything the person said during the evaluation could be used against them in the criminal case. Get a defense lawyer for this person immediately.

@SPCO151 3 жыл бұрын

Hi, Say someone was at Walmart, a single parent of 3 yr old child, and some items didn’t not get scanned at a self check. The parent also had the responsibility of watching over their 3 yr old son while ensuring there best that all items wore getting scanned. The store security stopped them outside and told them to follow him back in the store. They all went back into the store. A police report was made for trespassing at this time. The store security said 30 something items was not scanned. What options are left for the mother and children left to do. ? Thanks ,

@GustitisLaw 3 жыл бұрын

Plead NOT GUILTY and obtain a criminal defense lawyer immediately. The lawyer will review the evidence and give the accused advice about how to defend the case. Good luck!

@ali4606674 2 жыл бұрын

Sir, Yesterday my friend was accused for shoplifting at Macys store. They took her to the security office. Get their id’s information and all paperwork. First they said that she will have to pay and later they said you have a lucky day we have released you money and you will not have to pay. But they said we will send you a letter in mail. They also took their thumbprints on a paper and aksed them not to come at store for 3 -4 years. What this could be ? She has a language barrier and does not understand english very well, Can you explain what this situation could be ? Are they gonna send her a civil demand notice or they have forgive her or police is gonna send them a letter ? What this could be ? Please advise. Thanks in advance.

@GustitisLaw 2 жыл бұрын

I wish I could help you answer these important questions, but because I am not familiar with the law and evidence related to the case, I'm not competent to express an opinion. If they send a civil demand letter, her payment of the demand could be used as evidence in a criminal case. She needs to hire a defense lawyer in that jurisdiction to help her sort this out.

@kateclark7388 2 жыл бұрын

I have a stay of imposition for a theft charge from 2016. It was a felony charge and dropped to a misdemeanor after I did 3 years of probation. Now it was deemed a misdemeanor as of 2019. It is still haunting me though on my background checks with DHS. Apparently DHS looks at your original charge and usually u have to do a set aside . So I did a set aside and I was denied . Is there anything I can do to get this charge off my record??. This is in Minnesota btw. Thanks

@GustitisLaw 2 жыл бұрын

I don’t know since I am not familiar with Minnesota law. A defense attorney in that state can better answer your questions.

@tyson64788 Жыл бұрын

How are you holding up

@djdrifter69420 2 жыл бұрын

This is a little late but my question is while at a self checkout you use the handheld gun scanned all the items in your cart and some didn't go on and instead of letting you purchase they filed charges what can you do ?

@GustitisLaw 2 жыл бұрын

I don't know what could happen. The most important thing you MUST do is remain silent. Speak to NO ONE about the case. Answer NO QUESTIONS from anyone. I don't care who's asking. Do not speak of the case over the phone, text, or on the Internet. Hire a qualified criminal defense attorney immediately.

@trenchbabytbe 3 жыл бұрын

my dad was locked up for theft by taking (felony) from a lawnmower he was fixing, the owner let him take it to his house because the owner lived far and my dad didn’t want to drive 2 hours everyday so he brought it here for about 2 weeks and he couldn’t fix it and he even brought it back to the owner but the owner took out a warrant for theft and like i said he brought the item back to the owner and he was still arrested and his probation officer said he would have to sit in jail until they let him out without a bond any tips on how he can beat this case? and also my dad said he was suing the owner for falsely accusing him for stealing and he even called her and told her he was bringing it back.

@GustitisLaw 3 жыл бұрын

Your father needs to remain SILENT. Next he needs a qualified criminal defense lawyer to review all the evidence and law in the case. The lawyer will then advise you father the best ways to defend the case.

@monchellocooper1305 2 жыл бұрын

Nice information

@GustitisLaw 2 жыл бұрын

Thanks! I’m glad it was helpful.

@trentwilson7507 3 жыл бұрын

What if you were given goods that were (unbeknownst to you) stolen from someone. Fully unaware of it being stolen, you were to pawn the goods, and a detective traced it back to you. If the thief doesn't admit to their thievery, could a theft charge stick?

@GustitisLaw 3 жыл бұрын

A theft charge could stick because, for your defense to work, the jury must believe your story.

@danielh1808 2 жыл бұрын

Quick Question Can Property be used in case if the serieal number on the property is misatcheded by one or two digits when matching the serieal numbers.

@GustitisLaw 2 жыл бұрын

Used for what? Who does the property belong to?

@dirtbikesfordinner3706 3 жыл бұрын

Gustitis law i have a theft case from a Walmart value of almost $750 that was recently filed on me when the offense date is from 2017 it was filed on me as a misdemeanor B but now that i bonded out the Grand jury has enhanced it to a state jail felony, is it pass the statute of limitation?

@GustitisLaw 3 жыл бұрын

The misdemeanor statute of limitations is two years. The statute on a felony is a minimum of three years. Make sure you talk to your defense attorney about this important issue.

@Kami3Kaze 4 жыл бұрын

I have a serious question for you i may or may not have been caught stealing at Walmart the cop didn't arrest john doe but said he would issue a warrant for Wednesday and wants john doe to turn himself in by Wednesday they also told john that he to pay for the items and 200 dollars which he's guessing is for restitution he cannot afford a lawyer but he does have the 307 dollars to pay for everything and this is also his first offence involving anything will he really get jail time and does he need to plead guilt because he cannot afford the court cost or really the lawyer because he doesn't have a job at the moment

@GustitisLaw 4 жыл бұрын

A theft conviction can have life-long negative impacts upon a person's life. Theft is a crime of moral turpitude and no business owner is interested in hiring a convicted thief at their place of business. Consequently, I recommend John Doe hire a lawyer . . . the remainder of his productive life may depend on it.

@brettlandry7071 3 жыл бұрын

In Louisiana i got a violation of restraining order when the order was expired 2 years ago. Reason being due to me having my regestered gun in my dads car and then saying i was banned my gun rights for life BUT no where on the order does it say that. All it says is," for duration of the order". After it expired a person automatically gets their gun rights back correct? Or they have to go file some type of motion in court in order to get right back?

@GustitisLaw 3 жыл бұрын

I have no idea about what Louisiana law provides for since I am not licensed to practice there. You should consult with a lawyer in Louisiana.

@milesloveall198 2 жыл бұрын

This is helping me figure out how to make sure the people who stole from me go to jail !

@GustitisLaw 2 жыл бұрын

I appreciate your visit to my Channel. Thanks for your comment, as well.

@arshrajwani2123 4 жыл бұрын

I found a street sign on the sidewalk picked it up and took it home. A state trooper came to my house and said they knew i had it and gave me a theft charge how would i get this dropped?

@GustitisLaw 4 жыл бұрын

You need to speak with your criminal defense attorney. They will review all the facts and evidence and give you options to resolve the case. Good luck and thanks for your question.

@lunapiercing9421 3 жыл бұрын

What will you do if you are for example a Manager or Business owner and a cash disbursements charged to building operations are, in fact, payments to fictitious vendors that not only provided no goods or services, but also happen to be relatives or business associates of the accounting manager.

@GustitisLaw 3 жыл бұрын

You own the business and are giving money away to relatives or business associates? Is that the question?

@inuyashaluver2211 3 жыл бұрын

I’ve been suspended from my job of almost 4 years because of a pending theft charge. And it’s only with the municipal court here in my town. But I wasn’t the one who stole it was my friend. Well I don’t consider him my friend anymore. But because I was in the store at the time of the the GM calling the police they gave me the ticket and issued a no trespassing on me for the convenient store. But there was no video footage at all of this occurring. And the friend in question used to work at this place. But the police questioned me without reading my rights to me. And I am in the worst rut trying to get this figured out. I’ve tried reaching out to the prosecutor but he hasn’t returned any of my calls or emails. And I had a consult with an attorney and he said to make a deal with the prosecutor if he will do it either a dismissal and pay or a diversion. Im just extremely stressed because this whole situation has ruined my way of living and my career.

@GustitisLaw 3 жыл бұрын

Do they have eye-witness evidence (loss prevention) that implicates you? What did you say to the police? Depending upon your legal status at the time, the police don't necessarily need to read you Miranda rights. What did your ex-friend tell the store and tell the police implicating you? There must be something in the way of witness testimony and/or statements that point to you. Make sure you discuss these important facts with your criminal defense attorney. I wish you the best of luck in this important case.

@hendhassan3248 3 жыл бұрын

Hello Mr. Gustitis, the video is years old but I hope you can see my question. What should I do when I found out a misdemeanor in my background check and it’s made by my ex- husband saying I did damage to his property it’s been filed a month ago and I never got served?! Im afraid there will be a court date that I miss!

@GustitisLaw 3 жыл бұрын

Please hire a qualified criminal defense attorney immediately to help you. They will review the law and evidence and give you advice about how to proceed.

@mikefree392 Жыл бұрын

Thank you for the knowledge, what if someone gets accused of stealing money and items for someone’s home and plaintiff can’t prove they were in fact taken? Just called the cops and said when they arrived home their friend (defendant) was gone and discovered money and gaming console missing?

@GustitisLaw Жыл бұрын

How do you know those facts cannot be proven? Is that someone's opinion? If the money and gaming console were missing, then someone must have taken them. Don't you think?

@shhmoneyj1186 4 жыл бұрын

What if you took a old friends backpack from a different city and they are pressing charges? Whats the worst police would do because your in a different city hours away?

@GustitisLaw 4 жыл бұрын

What was the backpack worth? What was inside the backpack and what was it worth? These are factors used to determine the degree of theft charge. The police would arrest you where you are and take you back to where the theft occurred and you would face charges there. Remain silent and keep your mouth shut! Thanks for your question.

@drewhensley9299 2 жыл бұрын

Can you do a video on street fights and how to get out of disorderly conduct charge related to said street fight?

@GustitisLaw 2 жыл бұрын

If you are fighting in public, the only two potential issues are self-defense and the identification of the offender. The defense attorney can give recommendations.

@bruceneo8235 4 жыл бұрын

What if you put something in your pocket but then noticed that cameras were on you so you put it back before you leave?

@GustitisLaw 4 жыл бұрын

Why did you put the item in your pocket? If you acquire property with the intent to deprive the owner of the property, that's theft. But most stores wait until you leave the store with the item, before they jump you, since that is a better case for them.

@KennedyMoronta 11 ай бұрын

Hi there someone stoled a watch in my gym at la fitness locker room and I was there around that time I guess and the officers came to my apartment to ask me if I stoled it with the guy that got his watch stolen, of course I said no I didn’t steal it because I didn’t steal it, but they didn’t arrest me and told me if I have it bring it back what does this mean if I didn’t get arrested? I appreciate your input sir thanks in advance

@GustitisLaw 11 ай бұрын

It doesn't mean anything, necessarily. Remain silent and don't talk to the cops anymore.

@KINGJA92 4 жыл бұрын

As a former employee I was confronted by LP for stealing money out the register I was told there was a file on me but I wasn't shown any footage so I stupidly confessed to what happened but the police were later involved would it have been better to have not said anything or asked to see what they had against me?

@GustitisLaw 4 жыл бұрын

Thanks for your great question! When confronted with allegations like these, our human nature is to talk. We must learn to fight our human nature and remain absolutely silent when confronted. The best way to defend yourself is with the help of a skilled defense attorney, as well.

@Datboigreen2602 Жыл бұрын

How long did it take for them to get involved

@intylerwetrust72 2 жыл бұрын

The knowledge is outstanding and I’m a truly impressed. How much a retainer, even if only for counsel with my personal lawyer. Hope you respond. Thanks again.

@GustitisLaw 2 жыл бұрын

I’m not sure what you are asking, but if you want to schedule an in-person consultation at my office, feel free to call and arrange it. Thanks.

@marissarabino781 4 жыл бұрын

Thanks for this kind of video. This would be very helpful on someone admit their mistakes taking property of her boss without consent but also this someone believed that he could still return the property taken back to her boss. Would the court will accept this kind of arrangements for example if he can return the property through staggered payments. Will the court accept those arrangements?

@marissarabino781 4 жыл бұрын

Please help this someone.

@GustitisLaw 4 жыл бұрын

I have no idea. That deal must be worked-out with the prosecutor. The criminal defense attorney on the case can make that offer to the prosecutor. Good luck.

@marianaflores-cf2ki 3 жыл бұрын

@@marissarabino781 how are you know ??

@WesleyWowski 2 жыл бұрын

Me and a friend attempted theft for a car tyre because my friend stole his dads car and burst the wheel,we didn’t take the tyre be because we were seen and ran.We were told not to go to the property again after this,but the owner of the vehicle we attempted the theft said he won’t open a case but the complex owner wants to open a case for trespassing. How do I prevent a criminal record,I’m only 17.

@GustitisLaw 2 жыл бұрын

I do not know, other than dismissing the charges or being acquitted. Discuss this with your criminal defense lawyer.

@debacofzomb9889 2 жыл бұрын

Thank you very much. Can a testimony or witness of someone accusing another be tossed out if the person accusing has a mental condition that effects memory, such as Alzheimer's or dementia, and would you need an expert witness such as a doctor or psychologist to get it tossed out?

@GustitisLaw 2 жыл бұрын

That fact would simply affect the weight of the evidence, not its admissibility.

@tonymartinez2040 2 жыл бұрын

I wanted to know if u find a phone,is there a set time that you must act such as making the effort to locate the owner or taking it to police, before it is considered a theft

@GustitisLaw 2 жыл бұрын

If someone else has a greater right to possession than you, it is theft, regardless of how long you wait. The key issue is whether the property was abandoned. If it was, the owner has given up their right to possess the property.

@Jasmine-hm1ji Жыл бұрын

What if I wasn't read my Miranda right when they took me to jail this is my 3rd shoplifting charger my judge told me I could pre exam my case thank you for answering back

@GustitisLaw Жыл бұрын

They are not required to read your rights unless they intend to interrogate you while in custody. Reading rights at an arrest is TV law.

@lahender1 3 жыл бұрын

What are the changes that my case will be dismissed if it was from almost 5 years ago and outside of the statute of limitations

@GustitisLaw 3 жыл бұрын

If they have not indicted you within the statute of limitations (SOL), they cannot indict you, at all. But the SOL is more than simply a set amount of time. The SOL can be tolled under certain situations which effectively extends the length of the SOL. You'll need to discuss the details of this situation with your criminal defense attorney.

@MichaelDeLaRosa 3 жыл бұрын

Is it considered theft if you were payed money that you “didn’t work for” even if the payroll department looked over your hours and approved the hours clocked in?

@GustitisLaw 3 жыл бұрын

Good question. To avoid any allegations of theft, I'd recommend advising payroll of the mistake and give the money back immediately.

@theslavepsychology 4 жыл бұрын

If a person is alleged stealing from a store but the store camera doesn't have it or wasn't working and another customer videotapes it, can that video be admissible in court?

@GustitisLaw 4 жыл бұрын

If the video can be legally authenticated, then yes.

@supportiranianfreedom4982 Жыл бұрын

Thank you for your informative video. I have subscribed as to not miss your future postings. One question is that, the defendant is supposed to be forthright with their own attorney so that he/she has ALL the facts to best defend the person. Ergo the Client/Attorney priviledge and/or confidentiality. What if the client shared with their defense attorney the facts, some of which could be used against them. Then the defense attorney shared this information with the Judge and Prosecution at the pre-trial conference behind closed doors where the defender was not present?

@GustitisLaw Жыл бұрын

I never ask my clients all the details of the case until I believe it might help. If the client starts revealing details too early, it might inhibit their flexibility in defending themselves later.

@supportiranianfreedom4982 Жыл бұрын

@@GustitisLaw Good insight, which I could never have figured out, unless I became an attorney myself....🙏🙏

@GustitisLaw Жыл бұрын

@@supportiranianfreedom4982 Thanks for your kind words. But not all attorneys take my approach. I have found it helpful, though.

@emmareph2595 3 жыл бұрын

I really need help. I worked at a retail store and priced things down. I got caught and now they are saying I could get 16 months in jail?! I agreed to pay back the full amount of things stolen. I don’t understand. I can’t afford to get a felony. Do you have any tips on what to do or say???

@GustitisLaw 3 жыл бұрын

I'm sorry you are in so much trouble. The first thing you should do is remain SILENT about the facts of your case. Next, hire a qualified criminal defense attorney to defend you. The lawyer will research the evidence, build evidence to mitigate punishment, and negotiate with the prosecutor for the best possible outcome. I wish you luck.

@arthurjohnson9951 4 жыл бұрын

What do you do when you're riding with someone and you get stop and find out the vehicle is stolen. And both people are charged for the vehicle.

@GustitisLaw 4 жыл бұрын

You keep your mouth shut and hire a defense attorney. The police will always attempt to get you to talk. Do not talk to them. Most times your talking will get you convicted. Thanks for the good question.

@hombreduro369 3 жыл бұрын

Go to jail

@tomau3946 3 жыл бұрын

To escape criminal liability, you must be "distanced" from the driver. That's a job for a skilled criminal attorney. Don't try to "do the job yourself" by talking to the police. Exercise your 'Miranda" rights in the meantime. Do take note of the policeman's questions.

@hristokoprivtchin6812 2 жыл бұрын

Hey there Sir I'm going through this situation and the fees are high for me to order a private lawyer will it be alright if I go with a public attorney?

@GustitisLaw 2 жыл бұрын

Sure. That's what they are there for. Good luck.

@Lifeofches 4 жыл бұрын

What are the most likely penalty’s for a 2nd deg petit theft charge

@GustitisLaw 4 жыл бұрын

I have no idea. The penalty will depend upon the facts of the case, a person's criminal history, the prosecutor involved, the judge, and the typical sentence a jury might assess in the case. The best person to ask is your hired criminal defense attorney. They will have access to all these important pieces of information.

@toxiicmayhemzz6686 3 жыл бұрын

I was accused of an attempted purse snatching and the woman saw the jacket I was wearing and identified me to the cops. (I did come in close contact with the lady but did not touch or try to take her purse) What should I do?

@GustitisLaw 3 жыл бұрын

You should remain TOTALLY SILENT about your case until you hire a qualified criminal defense attorney to help you defend it.

@timothyranker2749 3 жыл бұрын

I was in a parked vehicle that a 911 call was made about a suspicious vehicle. I was only a passenger. The police used no lights but did inquire as to who I was and subsequently found a warrant. Upon arresting me found an illegal substance. Now I face a possession charge.

@GustitisLaw 3 жыл бұрын

That sounds like a good traffic stop if the cops had reasonable suspicion to contact you. Do you have a defense attorney?

@markcmpbl2101 4 жыл бұрын

What happens if you are an employee and put an item in your pocket but don’t leave the store until your shift is over and you are on camera but you go into the back where there is no camera etc. they see you conceal the item but can’t be sure you left with it, but it is missing from their inventory

@GustitisLaw 4 жыл бұрын

That sounds like circumstantial evidence of theft.

@markcmpbl2101 4 жыл бұрын

Gustitis Law how bout a defense saying it was left in the back where store items are often kept, after it was discovered in pocket by accident, and someone else may have taken it from there where no cameras are. Reasonable doubt ?

@GustitisLaw 4 жыл бұрын

Run it up the flagpole at trial and see what happens.

@xurtpatrixk3286 4 жыл бұрын

Can I use the borrow defense against wal mart. I received a citation for allegedly removing magazines from a store. I had no intent to possess them forever

@GustitisLaw 4 жыл бұрын

Whether that defense works depends upon the facts and circumstances involved in your case. Since I don't know what those facts are, I cannot provide you an informed opinion about whether the "borrow" defense will work against Walmart. What does your defense attorney think about it?

@sonnyhurtii4733 3 жыл бұрын

I took a display flashlight from the store and then later mailed it back to the store will I get in less trouble for doing that

@GustitisLaw 3 жыл бұрын

Maybe, maybe not. It depends on many factors I am not familiar with. Does your attorney know this?

@MurderSheWrote- 2 жыл бұрын

My Cousin and I were at walmart and we got caught shoplifting financial problems the total was around 250-300. We we’re given a citation and charged with misdemeanour theft. I have a speeding ticket will this affect me in court? This is my first offense when it comes to being charged with Theft. would this be considered my first offense or 2nd offender? due to my traffic infraction.

@GustitisLaw 2 жыл бұрын

Theft, of any kind, can devastate your future. You must hire a lawyer to help defend you in the theft case. Will you be considered a 1st or 2nd offender?? I don't know, that will be up to the prosecutor. Good luck.

@almay9962 2 жыл бұрын

is it theft if I take something but pay for it. for example, if I buy something under age and leave money on the counter without checking out.

@GustitisLaw 2 жыл бұрын

I don’t know. I would need to review the facts in detail.

@grim3885 4 жыл бұрын

What if I was accused of stealing packages at ups which I worked at and was accused because I bought a phone from someone on Craigslist which happened to be stolen from ups headquarters so they had an idea that it was me who stole it and for some reason had information on my family’s information that they had stolen phones too which I was confused about so they intimidated me to admit or else they’ll involve officers and go to my family which I didn’t for there safety so I lied and told them I did because I obviously care more about my family then my job and now I’m dealing with a class A felony and I got my lawyer but what should I do because they’re asking for the phone I bought but I got rid of it because of how much trouble I got in from buying a phone on Craigslist. But what do you recommend?

@GustitisLaw 4 жыл бұрын

Your job is to remain silent and to keep your mouth absolutely shut. Your next job is to hire an experienced criminal defense attorney to represent your interests. Answer NO questions. Consent to NO searches.

@ALEXGAYMAR2312 3 жыл бұрын

Hi, I found an item on the streets that was expensive, then I tried selling it on the internet and he communicated with me saying he would charge me with theft if I dont return that item, he didn't have proof that I took said item other than geografical location, im from texas

@GustitisLaw 3 жыл бұрын

If you tried selling it, that's proof you have it. The moral of the story is don't try to sell stuff you find on the street. It does not belong to you.

@dairra9425 Жыл бұрын

Hey! I was recently charged with theft of property 4th. first offense, I’m guilty by omission but, I don’t want the charge on my record… I want to pled pretrial division just off my research; However do you have any advice? you can give to help me to convince the judge to allow me into the program to keep my record clean ??

@GustitisLaw Жыл бұрын

The only advise I can provide you is to remain silent about the facts of the case and hire a qualified attorney immediately. In the first place we have no idea whether there is a pretrial diversion program available. Second, even if there was you MUST consult with a lawyer before you do ANYTHING. Good luck.

@chancemohr3828 3 жыл бұрын

How would I go about defending a fraudulently obtaining a motor vehicle (1st offense ) f4 charge if I was buying the vehicle from the person or the dealership but I didn't pay the down payment or the monthly payment and they came and got the vehicle already but is charging me with forgery of ($2500 or less)?

@GustitisLaw 3 жыл бұрын

I cannot do that. Only your lawyer, who has access to the law and evidence applicable in your case, can give you competent advice about how to defend yourself in this case. Thanks for the good question.

@codyomalley3048 3 жыл бұрын

If the owner was trying to pull an insurance job ,but won't admit it ,and you have no proof ,what's the best way to convince the jury? What about attacking his past and reputation?

@GustitisLaw 3 жыл бұрын

Impossible for me to speculate about trial tactics since I am not familiar with all the evidence in the case.

@breylanbrown3299 3 жыл бұрын

@Gustitis Law If u get arrested for shoplifting at Walmart for the second time would it be a possibility to convince Walmart to drop the charges and have it dismissed even if they caught u on camera stealing as your trying to walk out and they approach u? Do I plead not guilty in court of my chances that it can be dismissed again?

@GustitisLaw 3 жыл бұрын

No, it probably isn't possible. Merchants are very hard on theft in their stores. They turn it over to the police who investigate and prosecute. Walmart has very little to do with it after that. Certainly, a second time offender would be treated much more harshly than a first-timer. Plead NOT GUILTY and hire a defense attorney immediately. Good luck.

@breylanbrown3299 3 жыл бұрын

@@GustitisLaw can the attorney possibly work something out with walmart in court when it comes to dealing with someone with special needs such as Autism?

@GustitisLaw 3 жыл бұрын

Walmart is out of the picture. Your attorney will now be working with a prosecutor. Make sure you have an experienced defense lawyer to negotiate for you. Good luck and thanks for visiting.

@5210football 4 жыл бұрын

Hypothetically If I admitted guilt on paper but it was before the cops got there or read me my rights can it still be used against me in court?

@GustitisLaw 4 жыл бұрын

Yes, it can be used against you, provided it was voluntarily made.

@alyssajames9728 4 жыл бұрын

In my case they caught me and my boyfriend on camera at target (in AZ) concealing a few shirts in my bag. N he had the tags taken off of few shirts in his possesion along with 2 pairs of earrings. Evrything was nothing more then $300 and this is our first offense. Should i plea guilty since i was caught on camera red handed. I would also like to know if its possible i could somehow ask for community service or possibly take classes to not get it on my record.

@GustitisLaw 4 жыл бұрын

There may be ways to avoid conviction. DO NOT plead guilty unless you have reached a plea agreement with the prosecutor for a non-conviction result. The best way to handle the situation is to hire a qualified criminal defense attorney to represent you. If you just plead guilty and take a conviction, it will be on your record forever. That's a bad result. Thanks for your question.

@priscella294 Жыл бұрын

Me my husband forgot to pay for a few items tryed to pay for it when the walmart theft officer called us back for questioning, now have a court date for misterminor and larceny ,no money for attorney our first charge ,what are we to do ?

@GustitisLaw Жыл бұрын

I'm sorry , but I cannot give advice because I know nothing about the facts of the case. I would need to independently investigate the evidence before I could suggest a course of action. Here is your problem. Theft cases, no matter how minor, can ruin your life. Only an experienced defense lawyer can help you. A qualified lawyer is a must in this situation. I understand that might be a difficult reality to understand, but believe me, it is necessary. Good luck.

@toddmiller5322 Жыл бұрын

You didn't point out the best one. Technically it does fall under lack of intent, but the philosophical underpinnings are just so damn interesting it should be discussed when this topic arises. It's a very old defense, so old in fact that courts used to even overlook if physical violence was employed by the defendant to facilitate making themselves whole again, but that is heavily frowned upon in modern times. I'm of course talking about the Claim of Right defense. To clarify I'm not referring to a defendant mistakenly thinking something was theirs, but rather to the defendant who knew it wasn't theirs, but took it for indemnification and stood before the court steadfast and unapologetic. In their heart they truly felt no wrongdoing, and so long as the loss they incurred was real and could be proven, no intent of theft existed on their part. I was that defendant about 6 years ago. Using the Claim of Right defense, and the evidence to prove I was the initially aggrieved party, I was able to get a dismissal with prejudice at the pretrial for a felony theft charge.

@GustitisLaw Жыл бұрын

That sounds great. I'm happy you experienced such a positive result. Thanks for sharing such an important story.

@roslyhasan4151 3 жыл бұрын

I am self represented and facing two theft charges My question is,can the statement which the police took while interrogation consider to be valid when the accused is not in his right state of mind due to multiple psychiatric medication which he consumed before arrested?

@GustitisLaw 3 жыл бұрын

First, you are making a big mistake by representing yourself. The fact you cannot answer your own question is proof of that fact. Next, a statement you described can be admissible if the judge rules the suspect was able to knowingly and voluntarily their rights. That issue must be raised in a pretrial motion to suppress evidence. Do you know how to conduct a motion to suppress? Do you know what the burden of proof is at a motion to suppress? Please hire a qualified criminal defense attorney to help you.

@brenzev9705 2 жыл бұрын

next time u steal, steal a rope, find a tree

@robinbrown3347 5 ай бұрын

One time I couldn't get a small item to scan correctly. I called the attendant over and she tried a few times and it didn't scan right so she deleted the scan and threw the item in my bag saying that's OK.

@CDaeda 2 жыл бұрын

What happens if a person just forgets to pay? Does not the door alarms go off?

@GustitisLaw 2 жыл бұрын

It’s always hard to say “I just forgot to pay.” The problem with that defense is people typically don’t believe it. Even if it’s true, it’s a difficult defense to sell unless there are other persuasive facts backing it up.

@audrianaelise4397 4 жыл бұрын

I received a nta for petty theft at walmart even though it was under 25$( which is a new policy ) and the police didnt want to prosecute but because i already had a walmart offense walmart decided to prosecute anyways. Is there a statue of limitations between offenses from walmart because it happened almost 10 years ago?

@GustitisLaw 4 жыл бұрын

In what state did this occur?

@audrianaelise4397 4 жыл бұрын

@@GustitisLaw florida sarasota county

@GustitisLaw 4 жыл бұрын

@@audrianaelise4397 Thanks for the follow-up. Since I practice law in Texas, I am unfamiliar with the Florida laws concerning your question. A criminal attorney licensed in Florida will be in a better position to help you. Thanks again!

@brianlindenfeld5120 4 күн бұрын

Yes got a question for u i was apporched in va and was giving 4 Petty Larson each charges all on separate days over a. of 4 months and when ask. And when I ask the officer why he brought me charges. Months later he said the store doesn't like it in the complex. And when I asked him how he says he said he thinks that's stolen or he knows that I stole it. He says I took it out of the store underneath my clothes and I asked them. How does he know that and he says he just does how you can get charged with pretty large knee months later when you're not at the store. And they don't see you stealing it. I understand if you take something in your hand and walk out the door with it. That is stealing, but that's not what happened. He approached me on the street and said I stole separate. He knows I can see it.

@jonathanpierce3839 Жыл бұрын

What if I find something laying in the middle of a highway and pick it up then the law shows up at my house and I return it and they charge me theft by taking what can I do?

@GustitisLaw Жыл бұрын

You should hire a defense attorney to discuss preparing your case. They will know the law in your case and advise you of the important issues. Good luck and thank you for your good question.

@queenayricah9418 4 жыл бұрын

I was walking to the coinstar with a monster, i set it on my backpack so i could walk hands free to text my friend then i saw the manager at the corner of my eye so i walked to the right slightly to give him some room then he stopped me and said i was trying to steal the energy drink when i was trying to go to coinstar infront of the store and then i got charged with it trying to explain my side. I’m really scared and don’t know what to do. Can you please give me advice? Ive never done anything this is my first time offense and i dont know what to do i dont have enough money for lawyers

@GustitisLaw 4 жыл бұрын

It sounds like your defense in this case is "lack of intent." And I know lawyers are expensive, but a good lawyer is your best chance of obtaining a satisfactory result in your case. If you cannot afford an attorney, the court should appoint one to assist you. Thank you for watching and thanks for your comment.

@queenayricah9418 4 жыл бұрын

Gustitis Law thank you for the advice would a public defender be alright?

@purinsesusempai 3 жыл бұрын

Someone signed a lease using my identity & didn’t complete the lease & now I have their debt under my credit. What steps do I take?

@GustitisLaw 3 жыл бұрын

I would consult with a defense attorney who can review the evidence in the case and help you decide on what action to take. If someone used your identity, that is a crime in most states. But before you say anything, please see what the attorney thinks. Good luck.

@aidanculp2613 4 жыл бұрын

Hi thank you for posting my friend is having trouble his sister if bringing up a case against him in where no money was taken no harm was done and nothing was stole he opened a pay pal account with her name on it to move money because pay pal limits how much you can send and receive

@GustitisLaw 4 жыл бұрын

Did the sister give your friend permission to utilize her identity? PayPal limits transfers for a reason. To prevent fraud and other illegal activities.

@nothingbutg8274 3 жыл бұрын

I’ve never had a theft charge in my life and I have PTSD from being a domestic violence survivor it really scared the shit out of me because I totally forgot I had that in my pocket

@GustitisLaw 3 жыл бұрын

How did the item get into your pocket? When did the item get into your pocket?

@christopherdavis765 3 жыл бұрын

I had another friend who had the exact same scenario happened to her. She was recently out of a very physically abusive relationship and picked up some makeup while looking at it got distracted and wound up walking out of the store with it into the mall attached. She got arrested and charged with petty theft. It is unfortunate that she did not trust me enough to use a legal trick I picked up when I went through the police academy in California. She had since relocated to Washington State and California law says that if another police agency calls you and says we have this person would you like us to extradite them and the County that issued the warrant is unwilling to go get them, by California law the warrant must be expunged after that. There is no way they would have gone from California to Washington to get her for petty theft. All she would have had to do was walk into a police station locally turn herself in and the warrant would have been expunged. Because she did not trust me enough to do that she was still left paying her fine and to help her out I was the one who paid the fine.

@hillary2367 2 жыл бұрын

Big guys stealing tax , Small guys stealing eggs.

@smiller3150 3 жыл бұрын

Can I be charged with return fraud if no money or credit changed hands and if I had not left the store and I accidentally put something in my bag not thinking and gave it back can I be charged?

@GustitisLaw 3 жыл бұрын

Yes, if they can prove your intent.

@darrylburton5466 2 жыл бұрын

I was charged with retail theft and I wasn’t in the store according to the store employee but at preliminary the judge refuse to toss the retail theft out although the employee testified that I wasn’t at the store so who is responsible for over charging me with this crime ? The police or prosecutor?

@GustitisLaw 2 жыл бұрын

Just because you were not in the store does not mean there's not probable cause to bind you over for trial. You need to speak with your defense attorney about this. They know better than me. Good luck.

@veerenee746 4 ай бұрын

What is your take on court appointed attorney's and their ways of working with the DA's office. My boyfriend is currently in jail for theft 1&2 and many over charges. They have him on camera " attemping" to steal something from a business. However, he didn't take anything. he was on camera, and they had drones flying around, then he was arrested. Empty handed. They charged him with theft 1,2 and three but dropped theft two. And kept 1 and 3. With the evidence that the state has, how would a lawyer get theft 1 and 3 dropped down, or how would a lawyer defend someone with said evidence against him??