Can Theft Charges Be Withdrawn?

If you have been charged with theft, you may be wondering whether the charges can be withdrawn before your case proceeds to a contested hearing or trial. The answer is yes. Theft charges can be withdrawn in appropriate cases, but they are not withdrawn simply because the complainant changes their mind or because you deny the allegations. 

The prosecution must carefully assess whether there is sufficient evidence to prove the charge and whether it remains in the public interest to continue.

Who Decides Whether Theft Charges Are Withdrawn?

Once Victoria Police have laid criminal charges, the decision about whether those charges continue rests with the prosecution.

In many theft cases, the complainant is a business, employer or government agency, but even where an individual has made the complaint, they cannot simply “drop the charges”. The prosecution will independently assess the available evidence and determine whether the matter should proceed.

This means a case can continue even if the complainant no longer wishes to participate.

Why Might Theft Charges Be Withdrawn?

There are a number of reasons why theft charges may be withdrawn.

Sometimes the prosecution determines that there is insufficient evidence to prove that the accused dishonestly appropriated property belonging to another person. In other cases, new evidence may emerge that supports the accused’s version of events or raises doubt about whether a theft actually occurred.

Charges may also be withdrawn where CCTV footage contradicts witness statements, important witnesses are unavailable, identification cannot be proved or the prosecution accepts that there is no reasonable prospect of securing a conviction.

In some cases, negotiations between the defence and the prosecution may also result in theft charges being withdrawn in exchange for a plea of guilty to another offence that more accurately reflects the alleged conduct.

Can a Lawyer Help Get Theft Charges Withdrawn?

Yes.

One of the most important roles of a criminal defence lawyer is to carefully analyse the prosecution brief and identify weaknesses in the evidence.

This may involve reviewing CCTV footage, examining witness statements, analysing financial or ownership records, obtaining additional evidence or identifying legal issues that affect the prosecution’s ability to prove the charge.

Where appropriate, your lawyer can engage in case conferencing with the prosecution and make detailed written submissions explaining why the charges should be withdrawn or amended.

Many criminal matters are resolved through these discussions without the need for a contested hearing.

What If I Intended to Return the Property?

An intention to permanently deprive the owner of the property is an essential element of theft.

If there is evidence that you intended to return the property, believed you had a lawful right to it or did not act dishonestly, the prosecution may have difficulty proving the offence.

These issues frequently arise in disputes involving family members, business partners, employers and former partners where ownership or entitlement to property is contested.

What Happens If the Charges Are Not Withdrawn?

If the prosecution decides to continue with the case, it does not mean you will be found guilty.

You may still have legal defences available, or the prosecution may ultimately fail to prove the charge beyond reasonable doubt. In other cases, it may be appropriate to negotiate an agreed resolution or resolve the matter by way of a plea of guilty.

The appropriate approach depends on the strength of the evidence and the individual circumstances of your case.

Why Early Legal Advice Matters

The earlier a lawyer becomes involved, the greater the opportunity to identify weaknesses in the prosecution case and engage with the prosecution before the matter progresses through the court system.

Early negotiations can sometimes result in charges being withdrawn, amended or resolved on terms that are more favourable than would otherwise have been achieved.

Speak to Wilkinson Lawyers

If you have been charged with theft in Victoria and want to know whether the charges can be withdrawn, Wilkinson Lawyers can help. We regularly negotiate with Victoria Police and prosecutors to seek the withdrawal or amendment of criminal charges where the evidence does not support the allegations. We can assess your case, identify weaknesses in the prosecution evidence and advise you on the best strategy to achieve the most favourable outcome.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.