Exposing False Accusations Of Theft In New Jersey

People face false accusations every day, and baseless allegations of theft are particularly common. These allegations can be more serious than you realize, especially if your alleged crime involves high-value items. While it might feel tempting to simply dismiss these false accusations, you should respond to them decisively with help from a qualified, experienced defense attorney in New Jersey. 

The Power of Cross-Examination 

False accusations of theft usually come from witnesses. Fortunately, the Constitution guarantees you the right to face your accuser in court. Unless this witness comes forward and explains what they might have seen, it may be very difficult for prosecutors to convict you. If they do decide to come forward and testify against you in court, your defense attorney can cross-examine them.

Cross-examination involves asking questions that expose the unreliability of the witness. Experienced defense attorneys can even expose outright lies told by the witness. If you know for a fact that the witness is lying, a series of strategic questions could poke holes in their testimony. Your lawyer might also expose bias or prejudice that makes their testimony questionable.

Sometimes, the witness genuinely believes that they witnessed a theft taking place – even when no theft occurred. For example, a witness might have severe vision problems. Perhaps they mistakenly viewed outdated surveillance footage. In these situations, your lawyer can expose the witness’ unreliability. Sometimes, the witness even admits their own mistake while on the stand. 

You Don’t Need to Prove Anything 

Keep in mind that you don’t necessarily need to prove anything to escape theft charges in New York. In the United States, you are presumed innocent until proven guilty. If the prosecution cannot prove your guilt beyond reasonable doubt (a likelihood of well over 90%), you should walk free. If the accusations are truly baseless, your accuser will have no compelling evidence to use in court. In some cases, cases with insufficient evidence are thrown out of court before ever reaching the trial stage. 

Consider an Alibi 

Another effective strategy is the use of an alibi. If you were somewhere else at the time of the alleged offense, it could be very difficult to convict you of theft. For example, you might have been playing soccer at the same time you supposedly stole an Xbox from a gaming store. If your friends testify on your behalf, you could establish an “alibi.” Strangers make stronger witnesses in this situation, however. Ideally, you should establish an alibi with testimony from someone whom you do not know well – such as a gas station attendant. 

Work with a Qualified Theft Defense Lawyer in Bergen County 

Phillip J. Murphy, Attorney at Law has been helping defendants fight false allegations for years. If someone has accused you of stealing something you never took, a few defense strategies may be effective. While internet research is insightful, it cannot help you choose a defense strategy that matches your unique circumstances. Discuss a personalized, targeted defense strategy by booking a consultation with our criminal defense lawyers today.

Sources:

nas.edu.co/inicio/?p=68821

constitution.congress.gov/constitution/amendment-6/#:~:text=In%20all%20criminal%20prosecutions%2C%20the,of%20the%20accusation%3B%20to%20be