Legal Question in Criminal Law in Alabama

First Degree Theft - Alabama - Not guilty

I was renting an house in 2002, and broke the lease halfway thru, (family issues, out of state), and the property owner had items stored in an outdoor garage with an open front (no doors on front).

After I broke the lease, she claimed that some items out of the shed, as well as an item in the house was missing. (but didn't say anything to me about anything missing) She filed charged for First degree theft approximately 5 months after I broke the lease. (but again, I had no knowledge she filed charges)

In 8/08, I was pulled over for speeding and the police officer found this warrant in the system and arrested me . (and, the warrant had the wrong last name, it had my girlfriend at the times' last name)...

I am not guilty of taking anything. I did break the lease and perhaps owe her money in rent? But, I did NOT take anything.

This took place in Coffee county Alabama.


Asked on 11/03/08, 5:22 pm

1 Answer from Attorneys
William Pfeifer Pfeifer LLC

Re: First Degree Theft - Alabama - Not guilty

It sounds like you have a strong defense to this case from two angles. First, the facts you described should not be enough to convict a jury beyond a reasonable doubt that you were the person who committed the theft. They will need to have some evidence to support the claim that you stole the items, and the fact that you used to rent there is not sufficient to prove that. You need to find out what other evidence they have to support this allegation against you.

However, perhaps more importantly, you may have grounds for getting this case dismissed for violating your right to a speedy trial on this charge. If you were charged with this in 2002 and you just found out about the warrant now, then you may be able to get this dismissed under the legal standards first established by the United States Supreme Court in the case of Barker vs. Wingo. There are four factors that the court would have to consider in deciding whether to dismiss your case, and your post does not contain enough information for me to know whether you would satisfy the Barker vs Wingo test. However, the first thing you need to do when you see a lawyer is ask about getting the case dismissed on speedy trial grounds.

If you would like to discuss this matter with our firm, please feel free to give us a call. Good luck.

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Answered on 11/03/08, 10:36 pm


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