Being charged with larceny in either the Cherokee Nation Tribal Court or District Court is a serious matter that can have lasting consequences for your future. Whether the accusation involves shoplifting, theft from an employer, or another form of property crime, what you do next can make a big difference in how your case turns out. At Kania Law Office – Tahlequah Attorneys, our criminal defense attorneys understand theft laws and know how to protect your rights from the moment charges are filed. Here’s what you should do if you’re charged with larceny.
Understand What Larceny Means in Oklahoma
Under Oklahoma Statutes Title 21 § 1701, larceny is defined as taking someone else’s property without consent and with the intent to permanently deprive them of it.
The seriousness of the charge depends on the value of the property stolen:
- Petit Larceny: Property valued at less than $1,000 — a misdemeanor, punishable by up to one year in county jail and fines up to $1,000.
- Grand Larceny: Property valued at $1,000 or more, or theft directly from another person — a felony, carrying up to 5 years in prison and significant fines.
Exercise Your Right to Remain Silent
If you’re charged with Larceny after your arrest, you might feel tempted to “explain your side of the story” to police officers. They will sometimes tell you that they want to help you, and if you tell them what you did, it might go easier. Don’t answer any questions. Anything you say can be used against you later in court.
Instead, politely state:
“I am invoking my right to remain silent and would like to speak with my attorney.” This is your constitutional right, and it’s up to you to protect that right.
Do not discuss your case with anyone other than your lawyer — not even family, friends, or coworkers. The reason for this is that, unlike with your attorney, you don’t have attorney attorney-client privilege with family members, and they can be compelled to testify against you.
Gather and Preserve Evidence
Start collecting any documents, receipts, messages, or surveillance footage that could help your defense. Write down details while they’re still fresh in your memory — where you were, who was present, and what happened. If the alleged theft occurred at work or in a store, your attorney can subpoena security videos, employment records, or transaction logs that may prove your innocence.
Appear at All Court Dates
Missing court can lead to a warrant for your arrest. Even if it’s your first appearance and you haven’t hired an attorney yet, don’t miss court. Once you hire a lawyer, they will advise you of each required appearance and help you understand what to expect at arraignment, pretrial hearings, and trial.
Don’t Contact the Alleged Victim
Even if you believe the situation is a misunderstanding, do not try to contact the person or business accusing you. Any contact can be misinterpreted as harassment or witness intimidation and may harm your case.
Consider All Legal Options
Depending on your circumstances, your attorney may be able to:
- Get the charge reduced to a lesser offense
- Negotiate a deferred or suspended sentence
- Pursue expungement of the record after successful completion of probation or dismissal
Every case is different with different cats and circumstances that can impact the potential outcome. Those can include any prior crimes you have been convicted of, as well as other facts that might mitigate the crime altogether.
If You’re Charged with Larceny, We Can Help
Hiring an attorney early can make a major difference in your case. Criminal defense lawyers can:
- Review the evidence and determine whether your rights were violated during the investigation or arrest.
- Negotiate with prosecutors for reduced charges or dismissal.
- Challenge unreliable witness statements, improper searches, or weak evidence.
- Develop a strong defense strategy tailored to your case.
If you’re charged with Larceny, our attorneys in Tahlequah handle both felony and misdemeanor larceny charges. If you’ve been charged with larceny or any theft-related crime in Oklahoma, don’t face it alone. The criminal defense attorneys at Kania Law – Tahlequah Attorneys have decades of experience defending clients against theft, burglary, and property crime charges. Call (539) 867.2321. Or you can ask a free online legal question by following this link.