Regardless of whether the thievery is petty or grand, it will still be considered a crime. In Orlando, FL, the definition for theft and robbery are pretty straightforward. Although sometimes the terms theft/robbery and burglary are mistakenly used synonymously.
Theft V/S Burglary
A common mistake but still a mistake, theft and burglary are two different concepts. To put this into perspective:
Burglary
The state of Florida defines burglary as trespassing into a restricted or third-party property, notably when the trespasser won't damage or steal anything. However, this is still a crime, for the owner or the guardian of the property has no knowledge of the act. Usually, burglary offenses are considered misdemeanors, or immoral acts against society.
Theft
On the other hand, if something is stolen from the property, a personal belonging, or a valuable asset, it is referred to as thievery. The accused is charged with a felony, which is considered a comparatively serious offense. In case of felony charges, the penalties are surely higher. And the accused may also have to serve a longer prison term.
It is noteworthy that in case the trespassers do not take anything, but damage the property, the offense would then be ruled out as vandalism.
With that being sorted, it will be beneficial to understand the consequences and options if charged with these criminal offenses.
The Consequences
Quite understandably, the consequences of theft and burglary could be serious. However, the intensity of the penalties could vary depending upon the intensity of the crime.
According to the reports, most of the trespassing offenses involve vandalism or theft. In which case, the accused may be arrested immediately when caught. And if Arrested, Criminal Defense is your only way out. A defense attorney would usually try to contest the charges or at least get the accused minimal penalties. Besides, criminal defense attorneys would ensure that no misconduct with the suspect or the accused occurs while serving a sentence.
Defending Yourself
Of course, when charged with criminal offenses such as theft or burglary, the first step is to find a criminal defense attorney. Notably, if the accused cannot afford a lawyer, the court would assign a public attorney to defend their case.
That being said, there are still some precautions and mandatory steps that need to be followed.
Arraignment
This is usually the very first step after someone is arrested for criminal charges. The accused is formally notified of the charges and asked to enter a plea. During an arraignment, the accused is presented before a district magistrate, following which the charges are openly announced. The defendant has the chance to plead guilty or not guilty. In case the accused pleads not guilty the case would then proceed towards hearing.
Pre-Trial Hearings
After the arraignment, both parties are usually allowed for a thorough investigation. The court may also schedule a pre-trial hearing to monitor the progress in the case. During pre-trial hearings, the prosecutor and the defendant present their sides of the case. And if the court finds a need for motion hearings, the defendant would be legally notified of the same.
Motion Hearings
The defending attorney is legally bound to respond to a hearing notice, in writing. The notice describes motion hearings and subsequent verdicts that the prosecutor seeks. The case would be contested in a court of law, where one party(usually the defendant) tries to dismiss the claims from the prosecutor.
Readiness Hearings
Though it is quite uncommon, readiness hearings are held before the court or the jury declaring whether both the parties are ready for trial or not. The trials may be delayed or postponed depending on certain circumstances, such as missing witness or lack of evidence.
Trial
Post all the hear-say, the court will then proceed with the usual courtroom trials. Both the parties, the defendant and the plaintiff would present their claims and pieces of evidence before the judge. It is noteworthy that courtroom trials can go on for weeks or months, depending upon the case discovery.
Verdict
At last, the court would pass a verdict taking into account all the arguments and pieces of evidence presented in the court.
The Outlook
With several complications in a criminal case, even a petty theft case could turn out to be serious. It is suggested to have an experienced criminal defense attorney by your side to, at least, receive a justified verdict, regardless of whether you have committed the crime or not. That being said, the attorney would not only be dealing with the charges but also would help with the complexities of the case, both in the court, and out of it.