Being accused of theft is a serious matter that can lead to significant penalties, damage to your reputation, and a stressful legal battle. If you are an Ohio resident currently facing this situation, it is critical to take immediate and decisive action. The foundation of a strong defense lies in the evidence you gather.
Here are experienced, client-focused tips from the team at VanHo Law to help you secure the critical information needed to fight back.
1. Understand the Specific Charge
Before you can gather relevant evidence, you must know exactly what the prosecution intends to prove.
Review the Charges: Is it petty theft (misdemeanor), grand theft (felony), or something else like receiving stolen property? The elements the prosecutor must prove vary based on the specific charge in the Ohio Revised Code.
Identify the Alleged Stolen Property: Note the exact item(s) and their alleged value. This directly impacts the severity of the charge.
2. Document Your Timeline and Alibi
If you are accused of taking property at a specific time, your whereabouts at that time are crucial.
Create a Detailed Log: Immediately write down everything you remember about the day(s) in question. Where were you? Who were you with? What were you doing? Do not wait—memories fade quickly.
Corroborate Your Alibi: Gather any tangible proof that supports your location. This could include:
Receipts or credit card statements from a different location.
Attendance logs or time cards from work.
Witness Contact Information: Get the names, phone numbers, and addresses of anyone who can verify your story.
3. Secure Your Own Digital Records
In today's world, digital footprints often provide the most concrete evidence.
Communication Records: Save all relevant texts, emails, or direct messages. For example, if the property was a loan, save the messages discussing the agreement.
GPS Data: If you use a device or app that tracks your location (e.g., Google Maps Timeline, fitness trackers), see if that data contradicts the prosecution's claims about your movement.
Video/Photo Evidence: Check personal devices for photos or videos taken around the time of the alleged incident that could place you somewhere else.
4. Examine the Property's Ownership/Possession History
A theft charge requires proving you unlawfully deprived the owner of property. Evidence showing rightful possession can dismantle this claim.
Proof of Purchase: If the item is yours, gather receipts, invoices, or bank statements proving you bought it.
Documentation of Gifting/Loaning: Secure any written or digital communication (or witnesses) showing the property was given to you, loaned, or abandoned.
Transfer of Title: For high-value items like vehicles, get documents confirming the title was legally transferred to you.
5. Avoid Self-Sabotage
This is a legal battle, and every step you take can be used against you.
Do Not Destroy Evidence: Tampering with evidence is a separate, serious crime. Preserve everything, even if you think it looks bad.
Do Not Speak to Investigators: Politely decline to answer questions until your attorney is present. You have the right to remain silent, and exercising it is the best defense against accidental self-incrimination.
Gathering and organizing evidence is a massive undertaking, and it's essential to have an experienced legal guide. The stakes are too high to navigate Ohio's criminal justice system alone.
If you are facing theft accusations in Ohio, do not delay. Contact VanHo Law today for a confidential consultation at (330) 681-1120. We will leverage our experience to build a confident, strategic defense and protect your rights.