What are the 4 types of evidence?
For a theft charge to be carried out, the court must prosecute and find the accused guilty of thievery. In order to do that, the accuser must present ample evidence in each of the four types of evidence that can be presented. Each is meant to shine a light on the circumstances and detail of the crime. Each type of evidence is:
Demonstrative in this case depicts a representation of a crime with an object or something physical. This would include pictures, graphs, dramatizations, resulting damage, and anything that can be used to describe the theft. Real evidence can be confused with demonstrative but is the use of evidence found at the crime. It is not a descriptive piece, but something physical found or used in the purported situation. Testimonial evidence is different from the previous two in that it is the personal account of a witness or person affected by the crime in court. The final type of evidence, documentary, is any official documents that can be found in discovery or by legal means. These are such that back of the claim of the accused or the accuser.
In relation to theft, each type of evidence can be used as they would in any other crime. It should be noted that while the accused can plan to defend against claims using each form of evidence, they can also defend themselves using each as well.
What are the different types of theft charges?
Like many other crimes, theft can be categorized as a felony or a misdemeanor depending on which context it is used in. Due to a theft charge being used broadly to cover the multiple different types it is related to. Such theft crimes that can be a theft charge includes:
- Identity theft
Unless there are outstanding factors, theft becomes a felony when the accused had stolen anything in excess of three hundred dollars. Upon being convicted of a felony theft charge, the convicted will also be ordered to remain in prison for a minimum of one year. The same sentence of being found guilty of the other crimes listed also applies, in the case of fraud and identity theft the punishments tend to be harsher when it is above a misdemeanor. Florida law dictates that those guilty of a robbery or identity theft, you may a year to forty years in prison. When convicted of a carjacking theft charge in Florida, the felon can face around two years in prison and up to around a ten thousand dollar fine.
What is the average sentence for theft?
As mentioned, the severity of the punishment depends on the severity of the crime. A misdemeanor crime can at most be a year in prison with a varying fine. That can also include community service as a replacement to prison or after the prison sentence has been served. However, in the state of Florida grand theft can sentence a person to prison for up to thirty years and a fine that varies depending on the degree of grand theft.
A theft charge can still be applied even when the criminal has returned the stolen property before or after the sentence is carried out. The return of stolen property does not negate the initial and deliberate intent of theft. Thereafter, if the stolen property is returned and there is legitimate regret in the initial action then it could influence restitution. In the same breath, the victim of the crime may be more likely not to press charges. It would then depend on the court to decide on whether the person is deserving of punishment.
There is often a misunderstanding when it comes to borrowing property, with permission or not. Borrowing without permission by definition can result in a theft charge due to it being recognized under law as stealing. As mentioned, the charges to the convicted may be less if the person were to return the stolen property or item, but that does not necessarily mean they will not be charged. While there may have not been malicious intent in the crime, it does fall into the definition that the person did prevent the user from accessing the property.
How much is bail for stealing?
Theft charge bail varies depending on the severity of the crime committed and how much the accused had stolen. For something such as shoplifting, the general bail can be between five hundred to one thousand dollars. It is not uncommon however for the defendant to be released on the condition they will return for their court case. In the case of grand theft auto, bond can be two thousand dollars and up.
Upon a person committing a federal offense, the system changes quite a bit from what has been explained through the context of state law. When it comes to a state offense, the judge will set an amount for your bond and you can use bondsmen like Al Estes Bail Bonds to help with bail or do so yourself. In federal law, there is no such procedure. The judge may decide whether to post bail but has the ultimate goal of the continued court appearance of the accused. It all depends on whether they find that the accused will, in fact, show up.