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Theft Allegations After the Holidays: How to Protect Yourself

Theft Allegations After the Holidays: How to Protect Yourself

The holiday season is over, but for some Indiana residents, the new year brings an unwelcome gift: theft allegations. It's a harsh reality that the busiest shopping season often leads to an increase in accusations, ranging from petty shoplifting to more serious felony charges. If you're facing such allegations, understand this: the time for casual hope is over. You need a relentless defense, and you need it now.

The Post-Holiday Sting: Why Now?

December is a blur of transactions, crowds, and temporary staff. This chaotic environment, unfortunately, creates ripe conditions for mistakes, misunderstandings, and misidentifications. Stores are often on high alert for "shrinkage," and their security personnel are trained to be aggressive. What might seem like an innocent oversight to you can quickly be spun into criminal intent by an overzealous loss prevention officer or a prosecuting attorney. The holidays are past, but the investigations and charges are just beginning to surface.

What Constitutes Theft in Indiana?

In Indiana, theft is broadly defined as knowingly or intentionally exerting unauthorized control over the property of another person, with the intent to deprive the owner of its value or use. This isn't just about walking out of a store with an item; it can include:

  • Shoplifting: The most common post-holiday charge.

  • Receiving Stolen Property: Even if you didn't steal it yourself, possessing stolen goods can lead to charges.

  • Conversion: This can apply to situations like failing to return rental property or using someone else's property without permission.

  • Embezzlement: If you were entrusted with property and unlawfully took it.

The severity of the charge, whether a misdemeanor or a felony, depends heavily on the value of the property involved and your prior criminal record. Don't underestimate any theft charge; even a misdemeanor can have lasting consequences.

Your First Steps: No Games, Just Action

If you've been accused of theft, whether by a store employee, law enforcement, or through official charges, your immediate actions are critical.

  1. Do NOT Talk to Anyone (Except Your Lawyer): This is non-negotiable. Do not give statements to store security, police, or even well-meaning friends. Anything you say can and will be used against you. Politely but firmly state that you wish to speak with an attorney.

  2. Do NOT Resist or Obstruct: While you shouldn't talk, you also shouldn't escalate the situation. Cooperate physically but remain silent on the details of the alleged incident.

  3. Gather What You Can (Carefully): If you have receipts, bank statements, or any documentation that can prove purchase or ownership, keep it safe. But do not try to "prove your innocence" by re-engaging with accusers. Hand all information directly to your attorney.

  4. Preserve Evidence: Did this happen near security cameras? Was anyone else present? Make mental notes (or discreet written ones for your attorney) of anything that might be relevant.

Look For Relentless Defense

Facing theft allegations can be terrifying, but you are not powerless. You need an attorney who understands the nuances of Indiana theft law, who isn't afraid to challenge aggressive prosecutors, and who will relentlessly pursue the best possible outcome for your case. This isn't a time for a soft approach; it's a time for direct, experienced legal action.

Don't let post-holiday allegations ruin your year. If you're an Indiana resident facing theft charges, contact Shircliff Law LLC immediately at (317) 936-3404 for a defense that doesn't quit.