Los Angeles County Criminal Lawyer Blog

The Ventura County Star reports that a 42-year-old man has been arrested for eating and not paying his bill.

Theft charges in Ventura can result in years behind bars. And in California, the penalties vary based on the facts of the case, such as whether a weapon was used, as well as the value of what was taken. Of course, that's unlikely in this case. But a long string of petty crimes can lead to probation violations and other significant legal issues.

What can be difficult for prosecutors sometimes is being able to prove the value of what was taken. They must have credible evidence to prove the value, otherwise, it must remain in doubt.

As an experienced Ventura criminal defense attorney will tell you, theft charges can be difficult to defend when prosecutors stack the count by over-charging a defendant.

According to the newspaper article, a 42-year-old transient was arrested after attempting to leave a restaurant without paying for the food. According to police, the man had stolen from businesses in the area in the past and managers were concerned for their safety.

The man allegedly ate, drank several glasses of beer, and tried to pay with a credit card he allegedly found on the street. When the card came back declined, the man allegedly threatened staff and took off on his bicycle.

Police found him nearby and charged him with suspicion of defrauding an innkeeper, unlawfully using lost property, driving a bicycle while under the influence and resisting arrest.

In cases where theft is alleged, police must have witnesses who are unflappable in their testimony and that is rare. In many cases, witnesses are unreliable in that they are either far away from the alleged crime, under the influence or are coerced into saying something by police officers.

And this can lead to a defendant's rights being stripped away. Everyone charged with a crime has a right to have a fair trial. And that means holding the state and police to the burden of proof to beyond all reasonable doubt. Simply said, this means that if there is any doubt, the defendant should be found not guilty.

But jurors sometimes have a tough time with this concept. Some believe that if they are on a criminal jury, they have a duty to find the defendant guilty because the person is being tried for the crime. Many falsely accused people have gone to trial and been found guilty. I would bet few Americans would want to have a jury who believes the person who is charged with an alleged offense is automatically guilty.

In theft cases especially, recovery of the alleged stolen goods is critical. If police charge a person with stealing, but are unable to recover what has been taken, isn't that doubt? If fuzzy surveillance video shows a person who may resemble the defendant, is that doubt? What about witnesses who "think" the defendant is the person who committed the crime?

There are many avenues to a good defense and an experienced criminal defense attorney in Ventura and throughout Southern California will explore all opportunities. This is essential for any defendant charged with crimes in our state.