Criminal Defense Lawyer in Maryland Explains Theft Laws, Penalties, and Your Rights

Understanding Maryland Theft Laws: A Comprehensive Guide for Residents

⚖️ Navigating the legal landscape of theft in Maryland can be daunting. This article provides a detailed overview of Maryland's theft laws, potential penalties, your fundamental rights if accused, and practical advice to help you understand your situation. We aim to empower you with knowledge, whether you're facing accusations or simply want to be informed.

Defining Theft in Maryland: What Conduct is Prohibited?

Maryland consolidated various theft-related offenses into a single statute, making it easier to understand what constitutes theft. Here's a breakdown:

• Taking or Obtaining Property: This includes physically taking property or obtaining it through deception, threats, or other wrongful means.
• Control Over Property: Exercising control over property belonging to someone else, even temporarily, with the intent to deprive the owner of their rights, can be considered theft.
• Services: Obtaining services (e.g., lodging, transportation, entertainment) without paying or intending to pay for them is also considered theft.
• Lost, Mislaid, or Erroneously Delivered Property: Knowingly taking possession of lost, mislaid, or mistakenly delivered property and failing to take reasonable measures to restore it to the owner can be considered theft.

Grading of Theft Offenses and Potential Penalties

💰 Maryland categorizes theft offenses based on the value of the stolen property or services. The higher the value, the more severe the penalties. Here's a summary:

Misdemeanor Theft

Misdemeanor theft applies when the value of the stolen property or services is less than $1,500.

• Value Under $100: Maximum penalty is 90 days in jail and/or a $500 fine.
• Value Between $100 and $1,499: Maximum penalty is 6 months in jail and/or a $500 fine.

Felony Theft

Felony theft applies when the value of the stolen property or services is $1,500 or more.

• Value Between $1,500 and $25,000: Maximum penalty is 5 years in prison and/or a $15,000 fine.
• Value $25,000 or More: Maximum penalty is 10 years in prison and/or a $15,000 fine.

Important Note: These are just the maximum penalties. The actual sentence a person receives depends on various factors, including prior criminal record, the circumstances of the offense, and the judge's discretion.

Defenses to Theft Charges in Maryland

🛡️ If you've been accused of theft, it's crucial to understand possible defenses that an experienced attorney can explore on your behalf. Some common defenses include:

• Lack of Intent: The prosecution must prove that you intended to deprive the owner of the property. If you genuinely believed the property was yours, or if you borrowed it without the intention of permanently keeping it, this could be a defense.
• Mistake of Fact: If you took the property due to an honest mistake, such as accidentally picking up someone else's bag that looked similar to yours, this could be a defense.
• Claim of Right: If you had a legitimate claim to the property, such as a debt owed to you by the owner, this could be a defense.
• Insufficient Evidence: The prosecution must prove your guilt beyond a reasonable doubt. If the evidence against you is weak or circumstantial, your attorney can challenge it.
• Entrapment: If law enforcement induced you to commit a theft you wouldn't have otherwise committed, this could be a defense. This is a complex defense and difficult to prove.

Your Rights When Accused of Theft

🔑 Understanding your rights is paramount when facing theft charges. These rights are protected by the U.S. Constitution and Maryland law:

• The Right to Remain Silent: You have the right to refuse to answer questions from law enforcement. Anything you say can be used against you in court.
• The Right to an Attorney: You have the right to an attorney, and if you cannot afford one, the court will appoint one for you.
• The Right to a Fair Trial: You have the right to a trial by jury, where the prosecution must prove your guilt beyond a reasonable doubt.
• The Right to Confront Witnesses: You have the right to confront and cross-examine witnesses who testify against you.
• The Right to Present Evidence: You have the right to present evidence in your own defense.

Potential Consequences Beyond Jail Time and Fines

😔 The consequences of a theft conviction extend beyond jail time and fines. A criminal record can significantly impact your future opportunities:

• Employment: Many employers conduct background checks, and a theft conviction can make it difficult to find a job.
• Housing: Landlords may be reluctant to rent to someone with a theft conviction.
• Education: Some colleges and universities may deny admission to applicants with criminal records.
• Professional Licensing: A theft conviction can affect your ability to obtain or maintain professional licenses (e.g., nursing, teaching, real estate).
• Immigration Status: For non-citizens, a theft conviction can have serious immigration consequences, including deportation.

Strategies for Defending Against Theft Charges

👨‍⚖️ A skilled criminal defense attorney can employ various strategies to defend against theft charges, depending on the specific circumstances of the case. These strategies may include:

• Negotiating a Plea Bargain: Your attorney may be able to negotiate a plea bargain with the prosecution, which could involve pleading guilty to a lesser charge or receiving a reduced sentence.
• Challenging the Evidence: Your attorney can challenge the evidence against you, such as questioning the validity of witness testimony or disputing the chain of custody of evidence.
• Filing Motions to Suppress Evidence: If the police obtained evidence illegally (e.g., through an unlawful search or seizure), your attorney can file a motion to suppress that evidence, which could weaken the prosecution's case.
• Presenting a Strong Defense at Trial: If your case goes to trial, your attorney will present a strong defense on your behalf, challenging the prosecution's case and presenting evidence that supports your innocence.

Theft and Restitution in Maryland: Compensating the Victim

💰 In Maryland, if you are convicted of theft, you may be ordered to pay restitution to the victim to compensate them for their losses. Restitution can include:

• The value of the stolen property.
• Damage to property caused by the theft.
• Medical expenses incurred as a result of the theft.
• Lost wages due to the theft.

Failure to pay restitution can result in further legal penalties, including probation violation or even jail time.

Expungement of Theft Records in Maryland

✨ In some cases, it may be possible to expunge a theft conviction from your record. Expungement removes the conviction from public view, which can help you overcome some of the negative consequences of having a criminal record. Eligibility for expungement depends on several factors, including the nature of the offense, the length of time since the conviction, and whether you have any other criminal convictions. Maryland law outlines specific waiting periods and conditions for expungement.

Juvenile Theft Offenses in Maryland

🧒 If a minor is accused of theft in Maryland, the case will be handled in the juvenile justice system. The juvenile justice system focuses on rehabilitation rather than punishment. While the penalties are generally less severe than for adults, a juvenile record can still have long-term consequences. It's still crucial for juveniles to have proper legal representation.

Shoplifting in Maryland: A Specific Type of Theft

🛍️ Shoplifting is a common form of theft that involves taking merchandise from a retail store without paying for it. Maryland law treats shoplifting as a form of theft, and the penalties are the same as for other theft offenses, based on the value of the stolen merchandise. Stores also have the right to pursue civil penalties against shoplifters, even if they are not criminally prosecuted.

Practical Advice for Individuals Facing Theft Accusations

🚨 If you are accused of theft in Maryland, here's some crucial advice:

• Remain Silent: Do not talk to the police without an attorney present. Exercise your right to remain silent.
• Contact an Attorney Immediately: The sooner you contact an attorney, the better. An attorney can advise you of your rights and help you build a strong defense.
• Do Not Attempt to Resolve the Matter on Your Own: Do not try to negotiate with the alleged victim or return the stolen property without consulting an attorney. This could potentially harm your case.
• Gather Any Evidence You Have: Collect any evidence that supports your innocence, such as receipts, photographs, or witness statements.
• Be Honest With Your Attorney: It is important to be honest with your attorney about what happened, even if it is embarrassing or incriminating. Your attorney needs to know all the facts in order to provide you with the best possible representation.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.