Building a Defense For Horseshoe Casino Theft Charges
With regards to theft, a Horseshoe Casino theft lawyer has to look at the actual incident, or incidences, that occurred. If there have been multiple events, then an individual can be charged with a theft scheme. Each incident needs to be looked at independently, and it must be determined what, if anything, was done knowingly and intentionally by the accused individual. Authorities must determine if the act was willful, if it was by force, if it was a direct act or through coercion, and what actual items had been deprived of their original owner.
Once an individual removes property and is in control of it – either property or money – then the presumption is that they are going to act as if it is their own. It is common for most judges to believe, beyond a reasonable doubt, that the accused individual had no intent to return such items. Another point to note is that the property in question could belong to the accused person’s spouse. However, if an individual chooses to use their spouse’s card, they could hypothetically get arrested and charged for using someone else’s name.
Initial Steps of the Defense
When preparing a defense against theft charges in Horseshoe Casino, the priorities an individual should assert are:
- What, if any, property or money was taken
- What are the items allegedly taken?
- How did the individual access these times?
- Where were these items?
All of those questions need to be answered, so the attorney knows exactly what he or she is dealing with. It is important to know if the case involves the alleged theft of more than one item, or there is more than one aspect to this crime. That is what an experienced attorney will pay attention to.
Spousal Defense
Often times at Horseshoe Casino, theft charges arise after a husband or wife uses their spouse’s credit card. A person’s spouse, at that point, assuming the couple is together and the accused individual just happened to have his or her debit or credit card mistaken for their spouses, then the individual is not acting in bad faith. This is especially true if it is a joint bank account and it is a marital asset. Therefore, neither party is doing anything illegal. That is very important to remember in instances where perhaps the spouses involved were separated or divorced. If a couple is going through one of those situations, then that act could be questionable. The integrity of the individual (and the actual acts), as well as the willingness to do them is what is most important in a court of law.
Benefits of an Expert
The experts that an individual should be looking for, in terms of a strong defense to theft charges in Horseshoe Casino, depends on the actual charges. If it is just simply money from a shared account that the accused person had lawful access to, then it is fair to consider that this person had access, knowledge, and intent to use money that was theirs in good faith.
With regards to someone who may have had bad checks, or defrauded a person’s credit card, an expert may be at trial to analyze the actual item allegedly taken. If the state’s expert is saying that that an item was stolen or fraudulent, the accused individual should adamantly deny it. If the prosecution is presenting evidence of video or any testimony taken with regards to a conversation, the accused individual will want to have someone do an analysis of the voices on the video, as well as the actual items in the video. It also should be considered if this is a true test copy of the video, or if there is any chance that it was manipulated. The best defense against theft charges in Horseshoe Casino entails the use of an expert against the state’s case.