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Keep in mind though, some npcs don't care weather you're innoecent or not, so its best to save before you steal if you're worried.
Yes, that's the catch. If you get searched and you are wearing a stolen item (or have one in your inventory) it may be off to prison with you. This will usually happen if you rob a merchant or whatever, go though that search, then rob another one and get searched again. If you do not perform another robbery then you won't get busted no matter what, you don't get searched at random. I also beleive that it is area based, or possibly map based. So in some circumstances you can get away with it so long as you don't try to steal anything else in the same area.
You can also steal itens and then sell them immediately without getting busted. But of course you only get the merchant sale value for the items so it doesn't really benenfit you most of the time, you might as well just steal gold which is always safe.
You can of course game the system to some extent by having only one charcacter around to take the searches who is not wearing stolen gear, whilst the thief and the other two are skulking in the shadows.
But for me, meh, that can all get too complictaed, life is too short, and this is why through the game I didn't bother stealing items, I just went for the gold. Simple. safe.