How to Challenge Evidence in Criminal Theft Cases: A Defense Strategy

When someone is accused of theft in North Carolina, the consequences can reach far beyond fines and possible jail time. A conviction can damage your reputation, affect your employment prospects, and leave a lasting mark on your criminal record. 

As a criminal defense attorney, I’ve seen how these cases often depend on evidence that may not be as strong as the prosecutors claim. Therefore, challenging that evidence is frequently the key to building a strong defense. 

Under North Carolina law, every defendant has the right to question the reliability and admissibility of the evidence used against them. At the Law Offices of Allen C Foster, PLLC, I am committed to helping you understand how to question evidence and protect your rights and your future.

Theft & Larceny in North Carolina

In North Carolina, theft-related offenses fall under the legal term “larceny.” Larceny is defined as the unlawful taking of someone else’s property with the intent to permanently deprive them of it. Depending on the value of the property and the circumstances surrounding the offense, theft can be charged as either a misdemeanor or a felony.

For instance, if the property’s value is less than $1,000, it’s generally considered a misdemeanor. However, theft of property valued over $1,000, theft of a firearm, or theft from a person’s dwelling can elevate the charge to a felony. 

In both cases, the prosecution must prove beyond a reasonable doubt that the defendant intended to steal. As part of my criminal defense practice, I often find that this intent isn’t always clear-cut, and that’s where challenging the evidence becomes so important.

The Importance of Evidence in Criminal Defense

In a theft case, the evidence forms the foundation of the prosecution’s argument. Without credible, admissible evidence, a conviction can’t stand. That’s why criminal defense work focuses heavily on examining every piece of evidence the state presents.

The prosecution might rely on surveillance footage, eyewitness statements, possession of allegedly stolen property, or even confessions. However, not all evidence is reliable, and some may have been obtained illegally or mishandled. As a criminal defense attorney, my job is to identify those weaknesses and show the court why the evidence should be questioned or excluded entirely.

Common Types of Evidence in Theft Cases

Before deciding how to challenge evidence, it’s important to understand the types of proof that prosecutors often present in theft cases. The typical forms of evidence that might be used in theft cases include:

• Video surveillance from stores, homes, or businesses.

• Eyewitness testimony from alleged victims or bystanders.

• Possession of stolen property, which prosecutors claim links a suspect to the crime.

• Statements or confessions made to law enforcement.

• Digital evidence, such as text messages, emails, or online listings for stolen goods.

• Forensic evidence, including fingerprints or DNA on stolen items.

How To Challenge Evidence in a Theft Case

Under North Carolina law, evidence can be challenged in criminal theft cases, depending on how it was obtained, preserved, or interpreted. An experienced criminal defense attorney can help you build a strong case and employ strategic defenses to call the prosecution's evidence into question.

Challenge the Chain of Custody

One of the most common defensive strategies in criminal defense is to challenge the chain of custody. This refers to how the evidence was handled from the moment it was collected to the time it’s presented in court. If law enforcement can’t show a documented chain of custody, the evidence may be considered unreliable.

For example, if an item that was allegedly stolen was moved, stored improperly, or accessed by unauthorized personnel, it creates reasonable doubt about whether that evidence is authentic or has been tampered with. Even minor procedural errors can make a big difference in the outcome of a criminal defense case.

Question Eyewitness Testimony

Eyewitness testimony is often presented as strong evidence, but it’s one of the most unreliable forms of proof in criminal cases. People under stress or fear can easily make mistakes in identifying suspects. Lighting, distance, and the brief duration of an incident can all distort memory.

In my criminal defense experience, I’ve seen cases where an eyewitness’s recollection was later proven false through video evidence or other testimony. Your attorney can carefully analyze every witness statement to determine whether it aligns with the physical evidence or whether inconsistencies exist. If the witness had a poor vantage point or was influenced by police questioning, that testimony may be less credible in court.

Contest Surveillance Footage

Video evidence may seem convincing, but even surveillance footage has its flaws. Poor lighting, low resolution, or obstructed angles can create misleading impressions. Sometimes, prosecutors rely on grainy footage that only vaguely resembles the defendant.

Technical analysis experts can evaluate whether the footage clearly identifies you and call into question whether it was stored correctly, edited, or cropped, and whether timestamps or other data were altered. Even a slight inconsistency in the footage can create doubt about its reliability.

Suppress Illegally Obtained Evidence

Under the Fourth Amendment of the U.S. Constitution and Article I, Section 20 of the North Carolina Constitution, individuals are protected from unreasonable searches and seizures. If law enforcement obtained evidence without a valid warrant, probable cause, or consent, that evidence may be suppressed.

In criminal defense practice, I routinely file motions to suppress when police overstep their authority. If the court agrees that the evidence was obtained unlawfully, it can’t be used at trial. This can dramatically weaken the prosecution’s case, sometimes leading to reduced charges or even dismissal.

Evaluate the Possession of Stolen Property

Prosecutors often argue that possessing stolen goods automatically means a person committed theft. However, that assumption isn’t always true. There are legitimate reasons why someone might unknowingly possess stolen property. For instance, they may have purchased it from another person or received it as a gift.

At the Law Offices of Allen C Foster, PLLC, I work to establish these explanations through receipts, witness statements, or communication records. If I can demonstrate that you didn’t know the property was stolen, it can often undermine the prosecution’s claim of criminal intent.

Examine Confessions and Police Interrogations

Statements or confessions made during police questioning can significantly impact a theft case. However, they’re not always voluntary or accurate. Law enforcement officers are trained to use psychological tactics to elicit admissions of guilt. Sometimes, individuals confess to crimes they didn’t commit because they’re tired, scared, or misled about their rights.

As part of my criminal defense strategy, I examine the conditions under which a confession was made. If the police failed to inform the defendant of their Miranda rights or used coercive tactics, the confession may be inadmissible. North Carolina courts take these violations seriously, especially when they involve minors or individuals unfamiliar with the legal system.

Challenge Inconsistent or Insufficient Evidence

Many theft cases lack strong or consistent evidence. The prosecution must prove beyond a reasonable doubt that you committed every element of the offense. If there’s uncertainty about ownership of the property, the timing of the alleged theft, or your intent, these gaps can be used to build a strong defense.

In my experience, pointing out inconsistencies between witness accounts, surveillance footage, and physical evidence can be very compelling in criminal defense. When the state’s evidence doesn’t align, the judge or jury is more likely to question whether guilt has truly been proven.

Use Expert Testimony and Investigators

In some instances, it can be beneficial to bring in professional investigators or technical specialists to review evidence. For example, a digital forensics expert can examine online communications or computer data to determine whether the alleged theft involved unauthorized access. Similarly, a private investigator can uncover new witnesses or information that law enforcement might have overlooked.

While these resources are optional, they can often strengthen a criminal defense by providing independent analysis that challenges the prosecution’s claims.

Contact an Experienced Criminal Defense Attorney Today

Being accused of theft is stressful, but the law provides powerful tools to challenge the accusations. As a criminal defense attorney, I understand that evidence is only as strong as the process used to obtain it. By questioning every detail, from how the property was identified to how the police conducted their investigation, I can often reveal weaknesses that lead to favorable outcomes for my clients.

At the Law Offices of Allen C. Foster, PLLC, I believe that every person should have a fair defense. Challenging evidence in criminal theft cases is about more than legal arguments; it’s about protecting your rights, your reputation, and your future. 

When your freedom is on the line, strategic criminal defense can make all the difference. Located in Kinston, North Carolina, I serve clients in the surrounding areas. Contact me today to schedule a free consultation.