In legal terms, theft refers to the unauthorized taking of someone else's property to deprive them of it. Theft charges can arise in various situations. Whether the alleged theft involves physical goods, money, or intellectual property, the core element is the unlawful appropriation of another person's belongings without their consent.
A defense lawyer cannot guarantee any charge goes away, but a good attorney can help you understand your rights, advise you on a practical course of action, and advocate on your behalf. That can also challenge evidence obtained unlawfully and work to build a strong defense strategy t.
Branstad & Olson, serves the people of Polk County and all of Iowa. Contact us at (515) 329-3100.
What Constitutes Theft in Iowa?
Iowa Code § 714.1 outlines certain situations that constitute theft.
These circumstances include:
- Taking possession of someone's property with the intent to deprive them of it
- Misappropriating property entrusted to a person
- Obtaining labor or services through deception
- Knowingly possessing stolen property
Theft charges are categorized into different degrees based on the property value, as outlined in Iowa Code § 714.2.
Degrees of theft include:
- First-degree theft - property exceeding $10,000,
- Second-degree theft -property valued between $1,500 and $10,000
- Third-degree theft - property valued between $300 and $1,500
- Fourth-degree theft - property valued between $300 and $750
- Fifth-degree theft - property valued at $300 or less
Your Rights During Arrest and Interrogation
Being accused of a crime can be a daunting experience. However, it's essential to remember that even in such circumstances, you still have rights. These rights are the cornerstone of a just legal system, allowing individuals to be treated fairly and afforded due process under the law.
Miranda Rights:
Miranda rights, established by the U.S. Supreme Court in Miranda v. Arizona (1966), are constitutional protections that must be read to individuals in police custody in certain circumstances before interrogation. These rights include the right to remain silent, the right to have an attorney present during questioning, and the warning that anything said can be used against them in court.
Right to Remain Silent
One fundamental right under Miranda is the right to remain silent. Individuals can refrain from answering any questions law enforcement officers pose during interrogation without facing adverse legal consequences. It's essential to assert this right clearly and unequivocally if you choose not to answer questions.
Right to an Attorney
Another critical Miranda rights is the right to have an attorney present during questioning. This protection allows individuals access to legal counsel to advise them of their rights and provide guidance throughout the interrogation process. If you cannot afford an attorney, the court will appoint you one.
Understanding the Implications of Waiving Rights
When individuals are informed of their Miranda rights, they can waive them and proceed with the interrogation. However, it's crucial to understand the implications of waiving these rights, as anything said during questioning can be used as evidence against them in court. It's advisable to consult with an attorney before making decisions regarding waiver of Miranda rights.
If you seek representation, contact Branstad & Olson in Iowa by calling us at (515) 329-3100 or connecting online.