The initial steps that an auto theft lawyer will take when building a Fairfax auto theft defense would be evaluating the circumstances surrounding the charge, what actually took place, whether it is circumstances surrounding what happened, and if there are any defenses. Other steps include what kind of evidence is available, if there are any witnesses that need to be subpoenaed if there is any video footage that needs to be preserved pending a subpoena, and any investigators that need to be hired and sent to the scene right away. If the person is held in custody, one of the very first things an experienced lawyer would do is file a bond motion to get that defendant out on bond.
A defense attorney would first try to assess the situation, making sure that it is the right charge. There are different kinds of theft crimes involving cars and even though auto theft is one of the more serious ones, it could be the wrong one to be charged. First, a defense attorney would assess the facts and circumstances surrounding the charge, make sure that this was properly charged, and think of possible evidence and witnesses to be had when building a Fairfax auto theft defense.
A defense attorney would work on preserving any available evidence for the possibility of trial. They would also make sure that they speak to any witnesses right away and hire investigators right away, if necessary. They would also gather any documentation that is needed, so if there are any explanations or excuses as to why the person was there and why they had to do what they did, a defense attorney would make sure that they preserve that for future use.
A qualified lawyer would also advise the client on any punishment and penalty of the charge. They would help with preparing any mitigating evidence in support of a lower sentence. In a scenario where the elements can be proved, they would look at options for a lower sentence. There are many options for building a Fairfax auto theft defense.
In a scenario where the elements can be proved by the government, a prosecutor cannot carry the burden. A lot of times, defense attorneys ask defendants to prepare some litigation. This would include actions like community service hours, classes, theft courses, and volunteerism in the community. Defense attorneys use that evidence to build up a positive profile of the defendant in question.
If the person is a contributing member of a community, has done previous volunteer work, has been active, and has done some good work around the community, defense attorneys try to use this information as mitigating evidence to ask for a lower sentence or a probation offer. The charge would get amended to a code section that allows for probation, such as trespass for instance, and they would ask the court to take the defendant’s contribution into consideration when imposing a sentence. A lower charge could be had, maybe to a lower-level larceny or a lower-level type of charge, and the charge could get amended. Consult with an experienced attorney for more on building a Fairfax auto theft defense.
Different counties treat offenses differently or there are different dispositions that each county has for each charge. Sometimes they are the same, but a lot of times one offense would be taken more seriously in one county than another and there could be a possibility for a different disposition from one county to another. It is very important to find somebody who practices in that jurisdiction to be able to anticipate how the defendant’s case is going to come out based on which facts. It is important to find somebody who is local.
A person should contact a lawyer right away. It is important to have somebody file a bond motion right away to get the defendant out on bail as soon as possible. It is important to hire somebody right away to make timely decisions. With car theft crimes, there could be evidence that could be preserved. There could be witnesses that need to be subpoenaed to answer for what happened that day. It would be helpful to have somebody on the defendant’s side right away to send preservation letters, if needed, hire investigators, and contact witnesses if that is applicable. Working with a Fairfax auto theft lawyer can make a case.