My sister was accused of stealing from her place of employment by an office worker. We were told no cameras are installed in this section of the building where the incident supposedly occurred. She was questioned once and the officer told my sister he has known the accuser personally for years and she works hard for her money! He also told her he did not have grounds to arrest her on so he let her go. But did say if it went to court it didn't look good for my sister because this accuser is a nice lady. My sister was arrested 3 weeks later via a warrant. They called her at work told her about the warant and she came in willingly to talk to them. She was arrested not read her rights nor offered an attorney and then was charged with theft by unlawful taking under 500.( accuser cornered me in the bathroom my sister and I work in the same building and started yelling and threatening me saying if I didn't give her money back I would go to jail also. I spoke to the officer over the case and he has cleared me from the case and I knew this at the time she was yelling at me.) We were wondering if she fights this what is the odds she could win? Thanks for any and all advice.
The elements of Theft By Unlawful Taking (TBUT) or Disposition are contained in KRS 514.030. If your sister is charged with a theft under $500, it is a misdemeanor offense. There are two types of evidence that can be presented against her: direct and circumstantial. Without reviewing the evidence itself, it is impossible to speculate on the strength of the case against her.
Your sister needs to hire a competent criminal defense attorney to defend her. The attorney will be able to review all the evidence against her and talk to her about options such as going to trial, accepting a plea agreement, and the possibility of diversion. If she cannot afford a private attorney, she needs to ask the judge to appoint a public defender.
I agree with my colleague. Your sister needs to hire an attorney to defend her. The state will not just drop the charges.
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