Embezzlement... Charge and indicted

Fr_Chuck · May 22, 2012, 03:28 PM

There is no "time" since you have been charged, There is a "speedy trial " clause, but it does not have real TIME In Georgia it is not uncommon for cases to take a year to year and a half to get to trial

lucasjerky · May 22, 2012, 04:17 PM

so your saying they can take as long as they want? btw this happened in mississippi

Fr_Chuck · May 22, 2012, 05:31 PM

Unless you file for a speedy trial and force them to either drop charges or take you to court.

But it has not even been a year yet, this is far from taking a long time

AK lawyer · May 22, 2012, 08:13 PM

Quote:

Originally Posted by Fr_Chuck

...
But it has not even been a year yet, this is far from taking a long time

In those states that do have a constitutional right to a speedy trial (unlike Georgia), the prosecution is required to fish or cut bait. Often speedy trial rules require trial in 90 days or less.

Mississippi does have this:

Article 3, Section 26 of the state constitution contains the right to a speedy trial.

In additon, there is this statute:

"§ 99-17-1. Indictments to be tried within 270 days of arraignment
Unless good cause be shown, and a continuance duly granted by the court, all offenses for which indictments are presented to the court shall be tried no later than two hundred seventy (270) days after the accused has been arraigned."

LexisNexis® Custom Solution: Mississippi Code Research Tool

Getting close, isn't it? Perhaps your lawyer has this in mind.

ScottGem · May 23, 2012, 03:56 AM

So let me get this straight. Did you have any responsibility determining what meat was put on sale when? Was there any limits on the sale.

My take on this is if you have receipts for the purchases and had no responsibility for establishing pricing, then this is a bogus prosecution. Frankly I would consider a counter suit against Winn-Dixie and, especially this agent.

lucasjerky · May 23, 2012, 01:34 PM

Nope. now a days the sale price is uploaded threw there price system. The meat dept manager at the time would ask how much beef i would need for that week and he would order it from the distribution center. It would come in in 80lb unopened cases and priced in the market. The sticker on the box would show a retail price and an adverised sale price. I would use my winn-dixie customer reward card to get the cases of meat at sale price along with a 5% employee discount that all employee have. She is saying that i abused their sale items and my 5% discount to buy for my business. Still to this day i really dont see how this is embezzlement. I never paid less than the company did for the cases of meat. They were never at a loss.

lucasjerky · May 23, 2012, 01:42 PM

Quote:

Originally Posted by ScottGem

So let me get this straight. Did you have any responsibility determining what meat was put on sale when? Was there any limits on the sale.

My take on this is if you have receipts for the purchases and had no responsibility for establishing pricing, then this is a bogus prosecution. Frankly I would consider a counter suit against Winn-Dixie and, especially this agent.

Yes i have receipts and i have every transaction because i used my paypal card for every single purchase.

ScottGem · May 23, 2012, 01:42 PM

I agree. But you still need to fight it and that means an attorney.

lucasjerky · May 23, 2012, 01:48 PM

Quote:

Originally Posted by ScottGem

I agree. But you still need to fight it and that means an attorney.

I do have an attorney. Thats what im saying. I paid him $5000 and all he keeps saying when i ask about the case is let sleeping dogs lay. He says we will deal with it once the DA sets a date for court. He doesnt want to stir up anything i guess.

Embezzlement... Charge and indicted

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