Legal Question in Criminal Law in California

Grand Theft No physical Evidence

I got a case where I am charged with Grand Theft. The store employees say in the report they saw nothing, just that the merch was there when we entered and gone when we left, though they waited over 24hrs to file a report. Video in the store captured me touching the alleged missing items but not concealing them nor taking them. I was not stopped or chased. Another similar store provided a license plate after the first posted stills from the video, no crime is alleged from the second store. I have a record from a long time ago. Am I missing something, do they have a viable case? I'm not sugar coating it either. The video I believe was not even turned over for 5 days after making rounds on the internet, people who saw it then picked my out of a photo line up, go figure. I'm not trying to be smart, but I do need to be educated as to why I should plead this right away. This is a very large city, busy courthouse.

Thanks In advance


Asked on 9/22/06, 5:14 am

2 Answers from Attorneys
Joshua Hale Hale Law Group

Re: Grand Theft No physical Evidence

There is a possibility that you do have a good case. You seem to say there are no eye witnesses to any crime, and that the store camera does not show you stealing anything. You can call my office so that we may figure this out.

619.298.1969

JDH, Esq.

Read more
Answered on 9/22/06, 10:47 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Grand Theft No physical Evidence

Many people believe that a conviction can only be supported by physical evidence and/or eyewitness accounts of the crime, but that is not the case. Circumstantial evidence alone can be enough. If, for example, you are the only person who had access to the merchandise during the time it went missing, that would be very strong evidence that you were the one who caused it to disappear. The prosecutor may or may not have a strong case against you but the absence of eyewitnesses and physical evidence has little to do with how strong or weak it may be. Keep in mind that people are convicted on the basis of surveillance tape all the time.

If you don't already have a lawyer, get one. This is not something you should try to handle on your own.

Read more
Answered on 9/22/06, 1:59 pm


Related Questions & Answers

More Criminal Law questions and answers in California