Role Of a Virginia Beach Auto Theft Attorney
Auto theft involves the theft of a motor vehicle. The first meeting between a lawyer and the defendant is the most important following an auto theft charge. When meeting with a lawyer for the first time, it is imperative that you tell the lawyer every detail of the case and whether there were any witnesses. The lawyer will then contact those witnesses and get their account. Next, the lawyer would file for discovery.
If this is felony larceny of a motor vehicle, it would be both in General District Court and in Circuit Court. In General District Court, the defense would receive any video of the accused, any statements the accused made to the police, and the criminal history of the accused. In Circuit Court, they would receive the same pieces of evidence and any lab reports.
The role of a Virginia Beach auto theft attorney is to ensure that the defendant gets the best chance to defend their case. A knowledgeable auto theft attorney could review the facts of the case and help you fight the case. The attorney may be able to mitigate the consequences.
Factors to Consider When Building a Defense
The defense for auto theft is similar to the defense of other theft-related offenses. The only real difference is that it concerns an automobile. The prosecution has to be sure when they present their case that the vehicle at issue truly belongs to the alleged victim.
Every attorney’s file is different, and every approach to a defense depends on the facts of the case. Every attorney should approach each set of facts in a way that is beneficial to the defendant. Some attorneys might believe that a certain theory will have more sway with a judge or jury while another attorney may disagree.
The defense strategy for an auto theft charge will depend:
- Upon the facts of the case
- Challenging the actual value of a vehicle at the time it was allegedly taken
- Challenging whether or not the accused took the car with the intent to deprive the owner of it permanently
- Negotiating the charge down from a felony to a misdemeanor
Probation or Reduced Sentencing Options
During arraignment, the attorney will set a hearing or trial date that is convenient for all parties involved. If the defendant is incarcerated, the attorney can also ask the judge to address the defendant’s bond at the arraignment and argue for a reasonable bond during the bond hearing.
Probation and sentencing options depend on the facts of the case and the accused’s criminal history. Someone with little or no criminal history will be more likely to receive a sentence with no jail time while someone with a substantial criminal history will be looking for alternative sentencing options. Some of those options include therapeutic communities.
Auto theft differs from other theft-related offenses in that it has an extra punishment that requires the suspension of an individual’s driver’s license for at least 60 days. An auto theft lawyer will be able to speak with police and prosecutors, and other involved parties, to help ensure that the defendant will get a favorable outcome in their case.
Let an Auto Theft Attorneys Help
Whenever an individual is charged with a crime, it is essential to contact an attorney as soon as possible. An attorney with experience studying the law, applying and arguing the law, would have a great advantage to someone facing auto theft charges. An auto theft attorney can walk the defendant through the criminal process and describe all the moving parts in an understandable and accessible way. It is especially important to hire someone who is familiar with the local area, special rules, provisions, and programs.
Schedule a consultation today to learn more about the role of a Virginia Beach auto theft attorney and how they could help your case.
