Can you press charges for theft without proof?

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asked Dec 8, 2020 in Law Enforcement/Police by Velasquez (700 points)
Can you press charges for theft without proof?

2 Answers

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answered Dec 8, 2020 by Sethbulocks (3,080 points)
You can press charges against someone for theft without proof.

However you cannot convict someone of theft or a crime without actual proof of someone doing the theft or crime.

You have to prove in court that the person did steal something from you or they must have been caught on camera or you have enough people saying they did see the person steal the item.

The bail amount for petty theft arrests range from $250.00 to $500.00

The bail amount for the petty theft is set by the judge.

Your bail amount could be more or less depending on how much of a risk you are to skip out on court.

A petty theft attorney costs between $2,000.00 to $3,000.00 depending on what petty theft attorney you hire.

Sometimes it can be worth it to get a petty theft attorney but other times it may not be worth it especially if you know you committed the petty theft.

Petty theft charges stay on your criminal record for life.

That is unless you can get the petty charges removed by going to court and paying a fee.

But most petty theft charges stay on your record for life although after 7 years or so then they don't usually affect your record as much as they did before.

When you shoplift you do commit petty theft since petty theft is the taking of property that is valued at less than $1,000.00

However the difference between shoplifting and petty theft charges is that shoplifting is the act of entering a store and stealing merchandise from the store.

The petty theft can be charged along with the shoplifting.

Getting a job with a shoplifting misdemeanor is hard but not impossible.

Some employers will give you a chance even when you have shoplifting misdemeanors or other misdemeanor charges.

Misdemeanor theft charges can be dropped if there's no evidence or proof of the person committing the crime of theft.

Or if the accuser of the theft decides to drop the charges then they can drop the charges.

To be able to charge and convict someone with theft or a crime there must be sufficient evidence and proof that the person did commit the crime of theft or the other crime.

However if you did steal something such as in a store then you'll be caught on camera doing so and then it's unlikely the charges would be dropped.

Misdemeanor charges do show up on your criminal record and your fingerprint background check as misdemeanors are on your criminal record.

If an employer runs a fingerprint background check or a background check in general then those misdemeanors will show up on the criminal history and background check.

Some common crimes that are misdemeanors in most places are Possession of a controlled substance and various drug crimes, Theft, larceny, and other similar crimes involving property, Assault and battery and other relatively minor offenses involving bodily harm and also Traffic offenses, especially those involving DUI or drunk driving.

Petty Theft is also considered a misdemeanor in most states as well.

You can go to jail for a misdemeanor charge however most misdemeanor charges don't even result in arrest and only a notice to appear in court.

But sometimes a misdemeanor may be an arresting offense and some people do serve 30 days to 6 months in jail and in some cases some people have served a year in jail for some misdemeanors.

Your criminal history will factor into whether you'll get a fine or jail time and what you did to get the misdemeanor charge.

Misdemeanor charges are not as serious as other charges such as felonies but the misdemeanor charge is still a pretty serious charge.

Having a misdemeanor charge can affect employment especially with financial institution such as banks.

Misdemeanor charges are not very serious when compared to other crimes but still a misdemeanor does look pretty bad on your record and can affect your chance of getting some jobs or being accepted into some colleges as well.

Although a misdemeanor is less serious than a felony or other crime on your record the misdemeanor charges still look pretty bad on your record.

When an employer pulls up your record and you have misdemeanor charges against you it can look bad to them as they will see that you do have a criminal history and may or may not want to hire you.

Some employers may look the other way and give you a chance at the job but finding employment with a misdemeanor charge on your record can be hard.

Finding a job at a bank is even harder when you have misdemeanors on your record.

Getting a job at a bank with a misdemeanor on your record can be hard if not impossible.

A small bank may look the other way and give you a chance at the job depending on what the misdemeanor charge was for.

However a 1950 law bans and forbids banks and financial institutions from hiring anyone with misdemeanors or other criminal history on their record.

Misdemeanors can ruin your life as misdemeanors do stay on your record for life.

Although misdemeanors are less serious than other charges such as felonies the misdemeanor is still a crime you committed and it can make it hard for you to get employment if you have misdemeanors on your record.

Misdemeanor offenses are less serious than felonies but in the eyes of the law they are still serious breaches and unless you can get the misdemeanor off your record through a petition then it will be on your record for life.

The best thing to do is not commit any crimes even though it may not be as serious.

Even shoplifting and petty theft can affect your record and affect your ability to get employment, rent a home, apartment etc.

So do your best to avoid getting into trouble with the law which is better than having any criminal history even though they are misdemeanors.
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answered Oct 30, 2022 by Chambliss (41,400 points)
Burden of proof in court means that party that is prosecuting the person in court must bear the burden of proving to the court that the person committed the crime.

During the burden of proof the burden of proof in law is the duty placed upon a party to prove or disprove a disputed fact, or it can define which party can bear this burden.

The burden of proof in criminal cases is placed on the prosecution, who must demonstrate that the defendant is guilty before a jury may convict him or her.

So the burden is either on you or the jury to provide proof that the person committed the crime they are being prosecuted for.

Burden of proof is a legal duty that encompasses two connected but separate ideas that apply for establishing the truth of facts in a trial before tribunals in the United States: the "burden of production" and the "burden of persuasion."

The burden of proof is a legal standard that requires parties to provide evidence to demonstrate that a claim is valid.

Three levels of the burden of proof, "beyond a reasonable doubt," a "preponderance of the evidence," and "clear and convincing" determine the level of evidence required for a claim.

The example of burden of proof is.

People accused of crimes are presumed innocent.

The burden of proving that they are guilty rests on the prosecutor.

The accused doesn't have to prove anything.

If the prosecutor doesn't meet the burden, the presumption that the accused is innocent stands: Innocent until proven guilty.

The burden of proof in a civil case is basically the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established.

In civil cases, the plaintiff has the burden of proving his or her case by a preponderance of the evidence.

But in criminal cases, the burden of proving the defendant’s guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt.

Also  burden of proof is often said to consist of two distinct but related concepts which is the burden of production, and the burden of persuasion.

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