Legal Question in Criminal Law in Indiana

Drunken Theft

Subject becomes extremely drunk in a tavern. Takes a wallet from a purse. Subject proceeds home with victim who is unaware of missing wallet. Subject abandons wallet in restroom recepticle of victim. Victim realizes lost wallet and proceeds to return to tavern with subject. No info at tavern on missing wallet. Subject contacted on matter after police report filed by victim. Subject meets with detective who informs him of his rights. Signs forms and gives oral admittance statement but refuses written statement. Subject informed of video surveilance photos but not shown actual pictures. Subject is cooperative. Subject is first time offender. Clean record, no offenses filed. Question one: Is the mention of pictures without providing subject actual photos cohersion or some type of illegal form of interrogation to draw out admittance to crime? Question two: Does the law cover any type of specialties regarding the awareness of subject during inebriation or intoxication? Question three: Is there a certain way to go about speaking to prosecuting attorney or presiding judge to have offense not documented during actual case hearing? Can the offense not be documented by means of probation with sentence suspended pending good behavior?


Asked on 1/29/02, 11:23 am

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Drunken Theft

If the so called "subject" has been charged with theft, then that person is facing a "D" felony.

The first lesson the subject has learned is that one does not have to speak to the police other then providing basic information amounting to identification and certainly not about a crime where the person is a suspect without an attorney present.

Any statements given after being advised of ones rights as mentioned above risks such statements being used against them. Whether photos exist or not the police may use a degree of deception with a suspect once he/she has waived their rights to speak with them.If such evidence exists, it will be released to the suject's attorney.

The offense will be documented. The subject would be very wise to retain the services of an attorney as soon as possible and not try undertake self representation. Anything said to the prosecutor by the subject may also be used against the subject, so this should be avoided. The subject should have secured counsel before speaking to the police.

While intoxication is generally not a defense it can be used in certain circumstances to mitigate.

Should a further disussion be desired with confidentiality, I can be contacted through www.tambascolaw.com or 317 686-0000.

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Answered on 1/29/02, 2:33 pm


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