Theft & Fraud Defense

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Theft & Fraud Defense

Protecting Your Reputation Against Retail Fraud and Other Charges

Charges involving Theft & Fraud can range from seemingly minor infractions like Retail Fraud (shoplifting) to complex white-collar crimes that carry severe penalties. Regardless of the perceived severity, any theft or fraud conviction can have a profound and lasting negative impact on your life, tarnishing your reputation, limiting your employment opportunities, affecting your housing options, and potentially resulting in significant fines and even jail time. At Duane R Johnson Attorney At Law, I understand that your reputation and future are invaluable. As an experienced Criminal Defense Attorney, I, Duane R Johnson, am dedicated to providing a strategic and aggressive defense for individuals facing theft and fraud charges, tirelessly working to protect your rights and achieve the best possible outcome.

Many people underestimate the seriousness of theft and fraud charges. For instance, Retail Fraud (often referred to as shoplifting) might seem like a minor offense, but even a misdemeanor conviction can lead to a permanent criminal record. This record can appear on background checks, making it difficult to secure employment, housing, or even pursue higher education. More severe theft charges, such as grand larceny, embezzlement, identity theft, or credit card fraud, are often classified as felonies and can result in lengthy prison sentences, substantial restitution payments, and a complete derailment of your personal and professional life. My firm treats every theft and fraud case with the gravity it deserves, understanding the far-reaching consequences of any conviction.

My defense strategy for clients facing Theft & Fraud charges begins with a meticulous examination of every detail surrounding the allegations and the evidence presented by the prosecution:

  • Scrutinizing the Evidence: I thoroughly review all evidence, including surveillance footage, witness statements (from store employees, alleged victims, or co-defendants), financial records, digital communications, and police reports. I look for inconsistencies, inaccuracies, or constitutional violations in how evidence was obtained.
  • Challenging Intent: A key element in most theft and fraud cases is proving “intent to permanently deprive” the owner of their property or “intent to defraud.” I challenge the prosecution’s ability to prove this intent beyond a reasonable doubt. For example, in Retail Fraud cases, it may be argued that there was a misunderstanding, an oversight, or no deliberate intent to steal.
  • Reviewing Police Procedures: I meticulously investigate whether law enforcement followed proper procedures during the investigation, arrest, and interrogation. Any violations of your constitutional rights, such as illegal searches or seizures, or coerced confessions, can lead to the suppression of key evidence.
  • Investigating Allegations: My firm conducts independent investigations, which may involve interviewing witnesses, examining financial transactions, or working with forensic accountants to uncover facts that support your defense. This is particularly crucial in complex fraud cases.
  • Exploring Defenses: Depending on the specific charges and facts, I explore every available defense strategy. This could include:
    • Mistaken Identity: Proving that you are not the person who committed the alleged offense.
    • Lack of Knowledge or Intent: Arguing that you were unaware of the illicit nature of an action or had no intent to defraud.
    • Claim of Right: Asserting that you honestly believed the property was yours.
    • Alibi: Presenting evidence that you were elsewhere at the time of the alleged crime.
    • Duress or Coercion: Arguing that you were forced to commit the act.
  • Mitigation and Diversion Programs: I explore options for diversion programs, which can allow you to avoid a criminal conviction by completing specific requirements, such as restitution, community service, or counseling. For certain cases, these programs can be a life-changing opportunity to keep your record clear. I also focus on presenting mitigating factors to argue for reduced charges or alternative sentencing, such as probation instead of jail time.

Throughout any Theft & Fraud case, the legal process can be intimidating and confusing. I, Duane R Johnson, provide clear, consistent communication, explaining every step, your legal options, and the potential outcomes. I believe in honest advice and maintaining an open line of contact so you are never left in the dark. From the initial police contact and investigation to plea negotiations and, if necessary, trial, I am your steadfast advocate. My representation is aggressive, strategic, and always focused on achieving the most favorable resolution for your unique circumstances. When your reputation, freedom, and future are on the line due to theft or fraud allegations, you need a powerful attorney who will fight tirelessly for you. The Law Office of Duane R Johnson is here to provide that unwavering defense.