Johnson County Theft Lawyer

HOW DO THEFT CHARGES WORK IN JOHNSON COUNTY, KANSAS?

How Kansas defines theft is just like most people understand theft. You take something that does not belong to you. But there are a couple of nuances to it that most people do not get as far as on the low level of shoplifting type offenses. Most people think that as long as they never left the store or something like that that they cannot be charged with theft of the item. That is simply not true in Kansas. As long as the prosecutor can show that you concealed the item with the intent to permanently deprive the owner of that item, then they can charge you with theft. There are varying different degrees of theft as well.

Obviously it depends on the amount of money or value on which the item they say you did take. For example, anything less than $1,000, unless you have multiple thefts on your record, is going to be a Class A misdemeanor. It is going to go up from there. If it is anything over a $1,000, up to $25,000, it is going to be a level nine felony. If it goes anything from a $25 to $100, it is going to be a level seven felony. Anything over $100 is going to be a level five felony. Remember, I told you there are a lot of special rules in Kansas for drugs. There are a lot of special rules for theft as well. Some of the most common are going to be if you were in a fiduciary duty. In other words, you have a responsibility to protect someone’s money. If you are in a position of trust, like you are handling money or in the cash office.

The person has specifically put a level of trust on you, then your crime can not be elevated, but your sentence can be which is really, really common, because like let us say someone steals over $100,000, they are looking at a level five felony. Level five felony means you can go to prison for a long time. So say if you are charged with level five felony, you are looking at anywhere from thirty-one months all the way up to one hundred and thirty-six months in custody depending on your criminal history. To be able to be in a position to steal over $100,000, usually you have to be in a position of trust. Or you are a cashier or something like that. You have been entrusted with protecting this person’s money. Or you are a fiduciary.

In other words, you are their lawyer, you are their banker or something like that and you just do not have access to that much money unless you meet one of those two requirements. Well, that can double your sentence based on that. So instead of you looking at thirty-one months, you are looking at sixty-two months or one hundred and thirty-six months all the way to almost three years just based off an arbitrary special sentencing rule. There are all different varying degrees of sentences that a person gets from a theft case depending on the level of things they took and the level of or the value of the things that they took.

What happens after someone is arrested for theft in Kansas?

The most common shoplifting charge is generally when stealing from a store. Typically, an individual caught in the act of stealing will encounter some sort of interaction with a loss prevention officer. The loss prevention officer can reasonably detain you, and make you return to the store. Law enforcement will come to the store and they will attempt to interview the individual believed to of committed the theft. If the stolen property is below the value of $1,000 the officer does not have to arrest you. If you do not have a previous criminal record, are a resident of Kansas, and the stolen property is valued at less than $1000, then most often times the police officer will only issue a ticket.

The ticket will require that you appear in court on a specific date. If you are issued a ticket for a theft charge or charged with a serious theft, most people will hire an attorney. After you hire an attorney your attorney will enter an appearance for you. An attorney may be able to keep you from having to go to court. Your attorney will represent you in court, and look out for your best interest and work toward the best possible outcome for you.

A lawyer will request your police reports, videos, and anything that the city or state has as evidence against you for the charges being brought in your case. Your lawyer will have a chance to look over all the information, as well as educate you on the process involved in the case. The attorney will help guide you, and ensure the best possible outcome for their client’s case. An attorney may look at different options. The attorney can set the case for trial, or set the case for a plea, or attempt to work out some sort of diversion. Ultimately, the outcome of your case will be determined by you and your attorney.

What does the prosecution have to prove in a Theft Case?

If an individual is charged with theft, that does not mean they have been convicted of theft. Beyond a reasonable doubt is the burden of proof that the prosecution must prove. If it is a municipal offense, the municipal codes lay out what must be proven, and every element of that offense must be met beyond a reasonable doubt in order to obtain a conviction. If it is a state level charge the state statute would govern and lay out the what the prosecution has to prove. In general the city ordinance and the state statute are very similar. Here is an example of the law on theft. 

What are the most common types of Theft cases in Kansas?  

The most common theft cases in Kansas are shoplifting cases. A shoplifting case, for example, occurs if an individual went shopping, for instance at a mall, department store, or a grocery store, and an item is taken from that store without paying for that item. That act of stealing or shoplifting is a misdemeanor crime if the item or items total less than $1,500 in value. It is a very common occurrence for a person to be charged with shoplifting at some point in their life.

Are people who get charged with Theft always arrested? 

Not all people who are charged with theft get arrested. With most shoplifting cases, an individual will not be arrested after they commit a theft. There are exceptions, but most individuals caught shoplifting will be given a ticket or a summons to go to court on a given day. Usually that is the case if it is a first-time offense, and if the person lives or resides in Kansas. Unfortunately, if you have been caught shoplifting and you are from out of state, the police will generally make an arrest and make you post bond.

Are there different levels of severity for a Theft case?  

Shoplifting cases in Kansas can result in different levels of charges depending on the value of the items alleged to be stolen or the prior occurrences of theft by the defendant. Severity is dictated by the value, or dollar amount, of property that has been stolen. If the total amount of property stolen is valued at less than $1,000, the charge is a misdemeanor theft, is Class A misdemeanor. It is the most severe misdemeanor you can get in Kansas, whether the item was $50 or $1000 the law looks at the defendant the same.

If the value of stolen property exceeds $1,000, but is less than $25,000 dollars, then the level of charges are more severe, and an individual may be charged with a level 9 felony. A felony offense could result in jail time and fines. If you are charged with stolen property worth $25,000 to $100,000, an individual may be charged with a level 7 felony offense. A level 7 felony offense may result in jail time, as well as fines. The most severe theft charge involves stolen property valued at over $100,000, and will be a level 5 felony charge. Usually, a level 5 felony charge can result in jail time and fines.

Overall, penalties for a theft charge can be dependent on two things. One is the value, and the other is if you have a prior criminal record. If there are multiple thefts on your record, they can elevate it to a felony or if you commit multiple small thefts within seventy-two hours, an exception can be made and a felony charge can be brought as a result.

What are the potential penalties for a Theft conviction?

The potential penalties involved for a theft conviction varies depending on the severity of the crime. Severity is determined by the dollar value of stolen property and whether there is a prior record of theft. A theft charge can result in a misdemeanor or felony offense, and the severity level of the offense largely determines whether fines or jail time will result. For a misdemeanor, the worst outcome possible could be up to one year in jail. However, for a misdemeanor offense, that is pretty uncommon. If it is a felony theft, or when the value of the stolen item is $1,000, then an individual could face a lengthy jail sentence, and fines up to $100,000.

When you are trying to determine how much trouble you are in, you look at severity level of the crime, criminal history and at any aggravating or mitigating factors. Those three things will help determine how much punishment the person will be facing. If the value is $1,000 to $25,000, it is generally considered presumptive probation crime most of the time. If it is $25,000 to $100,000, most of the time those are level seven offenses, and still probation type crimes depending on someone’s criminal history. When you get to a level five theft, or stolen property valued at over $100,000 that is going to be presumptive imprisonment.

Most of the municipalities have alternative sentencing programs for first time offenders. Most municipalities in Kansas are not looking to put somebody in jail for low level theft charges, especially a shoplifting charge. However, municipalities also do not want people stealing from their business owners and want to protect the business owners in that community. For example, in Overland Park, any time you are convicted or you do a diversion for a theft charge, and get probation they are going to require that you go to an anti-theft class. That class is designed to prevent you from repeating the theft behavior in the future.

There are always different types of alternative sentencing. If you are convicted of a felony, it does not always mean that you will have to go to prison. The judge might offer probation or offer to put you in a residential center for treatment. If the crime is drug or alcohol related, a judge might let you do therapy in a treatment centers. There can be different types of alternative sentences other than just going to prison and trying to obtain one of those alternative punishments is part of what your lawyer does for you.

How can a Theft or shoplifting charge impact someone’s life?

When it comes to employment, theft is probably the worst crime you can have on your record other than child molestation or murder. Most business owners or employers who are hiring people can forgive a DUI or drug possession but are unwilling to be so forgiving with a theft conviction. Hiring managers will run background checks and a theft can be a real red flag. To avoid this lifelong red flag, most people are concerned with keeping it off their record. For a first-time theft, there is going to be ample opportunity to keep it off through a diversion process. Generally, on a first-time offense, there is a lot more of an opportunity to keep it off someone’s record. If it is multiple offenses, that is when it becomes more difficult and no diversion program will be offered.

How can a Theft charge be kept off your record?

The only way a theft charge can be kept off a criminal record, is to complete a diversion, plea to a different charge or to win a trial in court. The first option “diversion” is a bargained for agreement between your attorney and the prosecutor. The diversion process is essentially where you sign a contract. The person charged with the crime signs a contract that says “I admit that I did this theft, however I don’t normally get in trouble. I will do certain things that are required to me by the contract.” Some of those requirements will be to attend an anti-theft class, pay an amount of money, go into counseling if necessary, report to a diversion coordinator to make sure that the person is following the rules, and abstain from drug and alcohol use.

After a certain period of time, usually a year, if the person has fulfilled all their requirements under the contract, then the prosecutor will dismiss the case. Even if this does occur, it does not automatically remove it from your record completely, but it will not go on your record as a conviction. When filling out job or school applications, you can mark the box stating that you have never been convicted of a crime. However, it will be shown on your criminal record as a diversion program. In other words, if you interact with law enforcement down the road, or have some other offenses, it will be on your record for law enforcement purposes.

Are there any alternative programs for first time theft offenders?

Most of the municipalities have alternative sentencing programs for first time offenders. Most municipalities in Kansas are not looking to put somebody in jail for low level theft charges, especially a shoplifting charge. However, municipalities also do not want people stealing from their business owners and want to protect the business owners in that community. For example, in Overland Park, any time you are convicted or you do a diversion for a theft charge, and get probation they are going to require that you go to an anti-theft class. That class is designed to prevent you from repeating the theft behavior in the future.

There are always different types of alternative sentencing. If you are convicted of a felony, it does not always mean that you will have to go to prison. The judge might offer probation or offer to put you in a residential center for treatment. If the crime is drug or alcohol related, a judge might let you do therapy in a treatment centers. There can be different types of alternative sentences other than just going to prison and trying to obtain one of those alternative punishments is part of what your lawyer does for you.

What is the impact of prior theft charges on a pending Theft case?  

If you have a prior history of the same or similar criminal theft offenses, a prosecutor is going to take that into consideration when they make recommendations to the court on what happens to you. If you have multiple theft convictions within a certain amount of time, even what would be known as a misdemeanor theft, could be elevated to a felony. It just depends on your criminal history.

How does the civil portion of a Theft case work in Kansas?  

Any time you ever take anything from anyone that does not belong to you, you open yourself up to a civil case. Anyone can sue in an attempt to recover the loss of their items or stolen property. There are two mechanisms for handling theft offenses. One is through restitution, for example, if you take something from someone and it is $10,000 worth of merchandise, and you end up getting convicted of that crime, then that victim has the opportunity to ask the judge to require that you repay them for the value of the items which they lost.

The second way is a demand for payment in exchange for not seeking restitution. Essentially, it is a quick settlement. At the date they allege you stole the item, they are allowed to request that you pay a certain amount of money. If you pay that amount of money, then they cannot sue you at a later time. Usually for low level offenses this is common, there is not a huge amount money involved. So most box stores, and even most individuals, will not sue a person for that small amount of money or item stolen.

Can someone accompanying a shoplifter be charged with Theft also? 

If someone is accompanying a shoplifter, they usually will not be arrested for shoplifting, assuming it has been established that individual was actually not involved. However, it is not uncommon for a person accompanying an individual arrested for shoplifting to be caught up in the charge and have to hire a lawyer to defend themselves. It is important to keep in mind that being charged with theft, and convicted of theft, are two separate things. For an individual to be convicted of a crime, the elements of the statute or the ordinance must be proven. The prosecutor is going to have to prove that the person either had the intent to steal and permanently deprive the owner of that item.

Can a defendant claim that they "forgot to pay" or "accidentally" took an item as a defense to a Theft case?

It can be. There is caselaw that explores such a defense. State v. Taylor, 401 P.3d 632 (Kan. Ct. App. 2017).This case explored the issue of whether intent was an essential element of theft. In exploring this issue, the court held that a defendant could not be convicted of any theft unless they acted “with the intent” to permanently deprive the owner. Id. at 643.

In Kansas, intent is an essential element of theft. In order to be convicted of theft, the prosecution must be able to prove that the defendant acted with the specific intent to take another person's property without their consent and with the intention of permanently depriving them of it. This means that in order to secure a conviction for theft, the prosecution must be able to show that the defendant had the specific intent to steal the property, rather than simply taking it by accident or without realizing it. For example, if a person were to unknowingly take someone else's property, such as picking up the wrong coat by mistake, this would not be considered theft because the person did not have the necessary intent to steal the property.

It's worth noting that the specific intent to steal property can be inferred from the circumstances of the case. For example, if a person is caught with someone else's property in their possession and they cannot provide a reasonable explanation for how they came to have it, this could be taken as evidence of their intent to steal the property.

Can theft charges be expunged in Kansas?  

The simple answer is yes. If you have been charged with theft and you were convicted, it is possible to expunge the criminal record so long as you follow the expungement statute and meet the requirements.

Do you have more questions about Theft Charges? Give our office a call today for a consultation.