What to doif someone wants to charge me with theft butI have no evidence to prove them wrong?

UPDATED: Jan 13, 2011

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What to doif someone wants to charge me with theft butI have no evidence to prove them wrong?

I was at a party the other night and the next day I received a phone cal. I was accused of stealing from the residence where the party was held at. Everyone was asleep when I left and the door was wide open. 3 people are stating that I am the only person who could have taken the items but I did not but have no way to prove that I didn’t take anything. If they press charges, what can I do?

Asked on January 13, 2011 under Criminal Law, Arkansas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Since criminal charges are potentially involved, what you need to do is to speak with a criminal defense attorney ASAP.  They will best be able to assist you regarding any action that the police may take against you.  Retain one from the area in which this all occurred. They will have contacts within the local court system that could prove invaluable.  And do not speak with the police until you do; legally, you are under no obligation to do so.  Innocent though you may be, you could unknowingly say something that would incriminate yourself (or possibly even someone else) regarding the alleged crime.  The fact of the matter is that even if the police come to your home to question you, you are not legally obligated to answer any of their questions.   Until you have an attorney, steer clear of the authorities.   

If money is an issue, see if your income qualifies you for representation by the Public Defender.  If not then see if you qualify for Legal Aid (it has its own guidelines).  Additionally, you can call a local law school if there is one near to where all of this happened; they run free/low cost clinics that handle these type cases.  Finally, you can contact the local Bar Association in the county in which this alleged offense has taken place; they may have a list of attorneys who will take your case "pro bono" (for free) or at least for a reduced fee based on your income/circumstances. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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