QUESTION
Can my girlfriend be arrested for theft with only accusation and circumstantial evidence?
Asked on Dec 18th, 2013 on Criminal Law - Colorado
More details to this question:
My girlfriend is a pet-sitter. Part of that job involves going into clients' homes. One such client has accused her of stealing jewelry, and now a police detective has asked her to confess to doing something she did not do ("so he can have this done before his Christmas vacation"), and is threatening her with jail time and a conviction. He says it does not matter that there is no hard proof, that all that is needed for her to be arrested and charged is the accusation of the client, and furthermore, that circumstantial evidence would be enough to have her convicted. This lady can't even prove that she owned the supposedly stolen property in the first place, does that not even matter?
8 ANSWERS
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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Your Girlfriend has talked to the cops there is now no reason to talk to them additionally if the cops think they can get a conviction on circumstantial evidence let them try to get a prosecutor to file the case. Again no more talking to police.
Answered on Dec 23rd, 2013 at 4:21 AM
Michael J. Breczinski
The detective is lying.? They have to prove that a crime was committed and then prove that she did it.? He is trying to scare her.? She should not talk to him without a lawyer present.
Answered on Dec 19th, 2013 at 11:18 AM
Criminal Defense Attorney serving Birmingham, AL
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The Harris Firm, LLC
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She can be charged, and she can be arrested. Can she be convicted? That's a different question. The police will lie to her. There is no way that I would tell her to plead guilty based on what you've stated here. She needs to hire an attorney. A conviction for theft will follow her the rest of her life, and will likely affect future job prospects. Get a lawyer and fight it.
Answered on Dec 19th, 2013 at 9:21 AM
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Yes, it's possible she could be arrested. It sounds like the police believe the client and if a jury does too she could be convicted. She needs a lawyer immediately. She should not talk to the police any more. It can only hurt her.
Answered on Dec 19th, 2013 at 9:21 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your girlfriend needs an experienced criminal defense attorney to represent her. Hire one and do not have her talk to the police again without her attorney present.
Answered on Dec 19th, 2013 at 9:21 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The charge is based on accusation, circumstantial only can convict but the profs at trial are substantial and difficult in such circumstances. STOP talking with the police and start speaking with an attorney.
Answered on Dec 19th, 2013 at 9:20 AM
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Get a lawyer - only thing to say to cop is "I want a lawyer". This is likely a felony charge and she needs to know that confessing or talking to police is only going to make it easier to convict her of a felony. Say nothing - do not give any consent to search - just say I want a lawyer.
Answered on Dec 19th, 2013 at 9:20 AM
She should not talk to the police without her attorney being present. Yes, she can be arrested and charged.
Answered on Dec 19th, 2013 at 9:20 AM