Johnson County Theft Lawyer

A theft accusation can have profound implications, affecting your freedom, reputation, and future. If you or a loved one is facing theft charges in Overland Park, KS, finding the right theft lawyer is essential. The experienced theft defense lawyers at Roth Davies LLC will help you understand theft charges in Kansas, the potential consequences, and why an experienced theft lawyer is vital to protecting your rights.

The theft lawyers at Roth Davies, LLC are dedicated to offering reliable representation and detailed legal counsel to clients that are charged with theft in Johnson County District Court or any Municipal Court in Johnson County. The theft criminal defense lawyers will fight skillfully to uphold your freedom, dispute the charges against you, and help keep your record clear.  

Hiring a skilled theft lawyer is crucial.

A conviction for theft can lead to long-term consequences that go beyond fines or incarceration. The broad categorization of theft in Kansas means a conviction can tarnish your record making it hard to find employment or pass background checks. The negative stigma associated with "theft" is far different than a marijuana possession or even a DUI. Employers can be forgiving for those types of errors, but it's difficult to justify hiring an employee with a theft conviction on their record.

Consequences of a Theft Conviction

A theft conviction on your record can affect your ability to:

• Secure employment, as many employers hesitate to hire individuals with theft-related offenses.

• Rent an apartment or obtain housing, as landlords may view a criminal record unfavorably.

• Access loans or financial aid, especially for educational or business purposes.

• Maintain professional licenses or certifications, which are often revoked following certain convictions.

• Preserve relationships, as the stigma associated with theft can damage trust and personal connections.

By hiring an experienced theft lawyer, you gain a professional advocate who will:

Evaluate the prosecution’s evidence and identify weaknesses in the case. Sit down with you and communicate their findings and start to develop a strategic defense tailored to your unique circumstances. At the same time, your lawyer will seek out the prosecutor and try to negotiate with them to reduce or dismiss charges. If all else fails, an experienced criminal defense lawyer will represent you assertively during pre-trial negotiations and courtroom proceedings. Without a knowledgeable theft lawyer, you risk severe penalties, including incarceration, steep fines, and a tarnished reputation.

Definition of theft in Kansas

In Kansas, theft is defined as the unlawful taking or control of someone else’s property or services with the intent to permanently deprive the rightful owner of their use or benefit. Theft-related acts can include:

1. Obtaining unauthorized control over property or services.

2. Using deception, threats, or fraud to acquire property or services.

3. Retaining stolen property knowingly.

Kansas law treats theft broadly, encompassing a wide range of activities. This makes it crucial to understand the specifics of the charge and how an experienced theft lawyer can tailor a defense.

Examples of theft crimes

Here are some common types of theft cases that get filed in Johnson County District Court and the surrounding municipal courts.

Shoplifting: Stealing merchandise from a store. This is by far the most common theft charge we see. All walks of life and all economic demographics are universally prone to simple shoplifting. Many of these cases are charged in the municipal courts and unless a person has several on their record are charged as misdemeanors.

Receiving stolen goods: Buying or accepting property you know is stolen. This is a far less common charge, mostly because it is more difficult to prove than a simple theft case. There are nearly always a high value cases and generally a felony charged in the Johnson County District Court.

Misusing funds: Diverting money for personal use without authorization. This is occasionally charged as theft but it's hardly ever low level. Most of the time this is an employee or a caregiver that is using their position of trust to take money from another. There are usually felony cases.

Using stolen credit cards: Fraudulent use of someone else’s payment information. This is hardly ever charged as a theft, there is a specific state law that prohibits unlawful use of a credit card. However, it can get charged as a theft if a defendant uses credit card information they lawfully obtain and then improperly use it. The most common instance is "over-tipping" by a waiter at a restaurant.

Embezzlement: Misappropriating funds from a business. This is pretty commonly charged in the district court if an employee has been taking money from an employer. It is nearly always charged a a felony just by the nature of the charge that it usually goes undiscovered for a long time. Then many small thefts become one large theft.

Each case varies in complexity, and an experienced theft lawyer can assess the evidence and develop a tailored defense strategy. There are several different types of theft and each has their own nuances to defending the case.

Theft classifications and penalties in Kansas

The classification and penalties for theft in Kansas depend on the value of the stolen property and prior convictions. Below are the two most broad classifications of theft in Kansas courts and their potential penalties. It's important to remember that there are penalties to a theft conviction aside from possible jail time including; Community service or probation, a permanent criminal record, which can affect housing and employment, loss of civil rights, such as voting or firearm ownership and difficulty accessing financial aid, scholarships, or professional licenses.

Misdemeanor theft

• Value of property: $1,500 or less.

• Consequences: Up to one year in jail, fines, and probation.

Felony theft

Felony theft is divided into severity levels based on the stolen property’s value:

• Severity Level 9: $1,500–$25,000 or theft of a firearm. (Punishment ranges from 5-17 months in prison)

• Severity Level 7: $25,000–$100,000. (Punishment ranges from 11-34 months in prison)

• Severity Level 5: Over $100,000. (Punishment ranges from 17-46 months in prison)

Repeat offenses, thefts involving firearms, thefts as part of a common scheme, or thefts in quick succession can elevate misdemeanor theft to felony theft.

Defense strategies used by a theft lawyer

An experienced theft lawyer can employ various defenses based on your case’s unique circumstances:

• Lack of intent: Demonstrating you did not intend to steal.

• Mistaken identity: Arguing that you were wrongfully accused.

• Owner’s consent: Proving you had permission to take or use the property.

• Entrapment: Showing that law enforcement coerced you into committing the act.

• Lack of intent to permanently deprive

• Value in contest, Item not worth the assigned value

• Lack of Jurisdiction

This is not an exhaustive list of defenses, your lawyer will thoroughly examine the evidence, as well as, do their own investigation to gather all the information when crafting your best defense to the case.

Steps to take if you’re charged with Theft

If you’ve been accused of theft, follow these steps to protect your rights:

1. Remain silent: Do not speak with law enforcement without your lawyer present. This isn't the time to try to talk your way out of trouble. Many a defendant has ended up with a conviction that they wouldn't have otherwise received if they simply kept their mouth shut.

2. Hire a theft lawyer immediately: Prompt legal representation is critical. Getting out in front of any problem is ideal, but especially when you are facing a criminal accusation of this magnitude.

3. Collect evidence: Gather documents, receipts, or witness statements that support your case.

4. Avoid discussing the case: Refrain from sharing details with anyone other than your lawyer. Friends and Family don't need to become a witness because you decided to tell your side of the story, only talk to your lawyer.

Qualities to look for when hiring a theft lawyer

Choosing the right theft lawyer can significantly impact the outcome of your case. Look for these qualities:

• Experience: A strong background in theft and criminal defense cases. Now isn't the time to hire a jack of all trades lawyer, get a lawyer that focuses their practice on criminal defense in the county that you got in trouble. Look at reviews online, ask other lawyers for a referral. Ask the lawyer if they have taken a case like yours to trial and how these cases work. If you're not comfortable, then meet with another lawyer and keep looking.

• Local expertise: Familiarity with Kansas theft laws and Johnson County courts. Ask the lawyer who the prosecutor is in your case and what they are like. If the defense lawyer can't tell you their first name and how they generally handle cases then move on to another lawyer.

• Proven success: A track record of favorable results in theft cases. Reviews and endorsements are key here. Use your research skills and find out about your lawyer before you even hire them.

• Clear communication: Willingness to explain legal processes and answer your questions. If your lawyer can't communicate with you then what's the point of hiring them. You have to be listened to and you have to find someone that can accurately convey information to you.