Delaware Property Crimes Defense Lawyer

Theft - Robbery - White Collar Crimes Defense Attorney Delaware

If you're facing misdemeanor or felony charges for theft or other property crimes in Delaware, don't talk to the police first. Talk to me. Don't let a single mistake or an error in judgment ruin your life. Do not feel discouraged or beaten down. NEVER, EVER GIVE UP ON YOURSELF!

Theft Crimes - An Overview

Theft comes in many forms. As the Delaware economy gets worse, there is no question that theft related charges will soar. Delaware has long lists of statutes related to numerous kinds of misdemeanor or felony property crimes:

- shoplifting, burglary, receiving stolen property,

- conspiracy, robbery, armed robbery

- fraud of various types, larceny, false deception

- issuing a bad check, forgery, car theft

- burglary, criminal trespass, possession of burglar tools

- criminal impersonation, bootlegging tapes

- home construction fraud, breaking and entering

- embezzlement or white collar crimes

The Attitude of the Police

Often times, the police are flat out wrong in their accusation of theft. This is maddening to the innocent citizen, especially when the cuffs go on! Other times the police do what is commonly known as "overcharging." They charge half a dozen crimes (or more!) for what is really one or two types of types conduct. Generally speaking, the police really do not care why a person engages in property crimes. The cuffs go on, and not enterprisingly, this is frequently after the citizen has cooperated and foolishly given a statement to the arresting officer! Even if you are innocent, and especially if you are innocent, you need to defend yourself by getting a private lawyer who is experienced.

Also, if you have used bad judgment, I can explain this in detail to the prosecutor and the police. I have so often found that people steal or embezzle or engage in questionable conduct because they are in a very tight spot financially. Times are hard right now. Many times my clients are quite desperate. Second, I have found that most people steal due to another problem, such as compulsive gambling or to support somebody else or to support a drug habit. People are not thieves per se, but rather they feel forced into taking a foolish or very desperate risk. If they have done something wrong, I generally find them to be deeply ashamed. We are all too human.

If the prosecutor wants a trial, that is fine with me, but one of my major services is to convince the police and the prosecutor that bad judgment can happen to anybody; that my client is addressing other underlying issues. This helps to minimize the harm and "contain" the situation. Sometimes a prosecutor will listen, but I know going in that it will be a struggle. Still, I must try. It is best to settle the conflict, to avoid client fear and a trial.

Shoplifting by Young People and by Poor People

Petty theft and shoplifting crimes are often committed by women, elderly people, and teen offenders. Sometimes the person actually has the money to pay for the items; the theft crime is merely a symptom of a deeper problem, which could be psychological, or related to a drug addiction. Oftentimes the person is flat out innocent of the charges.

Even relatively minor theft crimes can have huge consequences. If you're an immigrant seeking a green card, you can have immigration problems. If you're a licensed professional, a shoplifting conviction or theft crime on your record can lead to a denial of your license.

Responding to Theft Charges

Being charged with a serious crime such as theft or embezzlement or burglary in Delaware can be devastating. If you are faced with the possibility of theft charges, you should immediately retain an experienced attorney. You are better off not getting a public defender or public defender "conflict lawyer" in Delaware. If the State of Delaware is paying for your attorney, are you "getting what you pay for?" In some cases, a private attorney may be able to negotiate civil restitution so that no criminal charges are brought, and some prosecutors will not pursue a charge if civil negotiations are progressing. If a civil resolution is not possible, the attorney hired early in the process may be able to help you avoid jail even if charges are brought against you.

Impact of White Collar Theft Charges

Although there is no fixed definition of "white-collar crime," the term generally describes nonviolent crimes that are based on cheating or dishonesty, such as embezzlement, perjury, fraud, money-laundering, wire fraud, RICO claims, bankruptcy fraud theft, forgery, credit card fraud, counterfeiting, extortion, Internet fraud, insurance fraud and computer hacking. Professionals or entrepreneurs under the cover of a legitimate business activity typically commit these crimes.

White-collar crimes are usually quite complex. Although they traditionally carried lesser penalties than other crimes because they were not associated with violence, there is a recent trend toward stricter punishment for white-collar crimes as people recognize the financial damage white-collar criminals inflict on society. Consequently, defendants convicted of white-collar crimes may incur enormous fines, be ordered to pay restitution, or spend significant time in jail or prison. Being convicted of a white-collar crime frequently also destroys the person's livelihood and career, and accuseds should contact an experienced advocate.

White-collar crimes usually involve business and professional people who have made poor decisions. Because the evidence of white-collar crimes is often complex financial documents, it can be difficult determining who is criminally responsible, and authorities may accuse an innocent person. These investigations often come to light prior to the government even being apprised by the victim. Commonly we see a great deal of "overcharging." Some of these cases are filed in federal court and the stakes are very high.

Theft Sentencing

Many theft charges can be brought as either a felony or a misdemeanor, depending on the circumstances surrounding the crime and the value of the stolen items. A defendant convicted of a felony could serve a significant prison term, whereas a defendant charged with a misdemeanor may serve a short jail term or be required only to pay a fine or restitution. Many states define several levels of theft, typically including at least one type of petty theft and one type of grand theft, based on the value of the property taken. In many states, although petty theft is a misdemeanor, a second arrest for petty theft may be filed and punished as a felony, carrying serious penalties. An experienced private attorney understands the tactics and obstacles that you will encounter and will work to get your charges dropped or reduced to a lesser offense in an effort to reach the best possible result for you.

Contact A Delaware Property Crimes Defense Lawyer

If you have been charged with theft, robbery, burglary of any other of property crime contact The Law Office of Kevin P. O'Neill at 302 622 9500. You can also email Mr. O'Neill by clicking here. Let Mr. O'Neill put his experience and knowledge of the law to work for you. Mr. O'Neill handles crimes throughout all of Delaware including towns such as: Wilmington, Newark, New Castle, Pike Creek, Fairfax, Brandywine, Stanton, Newport, Bear, Glasgow and Middletown among others.