View Full Version : Theft as an employee
StupidMistake
Apr 19, 2008, 05:04 AM
Hey everybody, stupid I know... but let me explain what happened and hopefully get some useful advice...
I worked at a retail store for a little over a year and got caught for stealing (giving away merchandise). A close friend called me the day before the incident happened to "bag" him some stuff... I said it was really sketchy.
The thing is we are both friends with the LossPreventions manager and my friend told me that he said it was okay... I knew it was sooo sketchy but my friend had convinced me that we wouldn't get caught (I know... that doesn't make it okay). When an authority figure says it's okay to do something, even though it's wrong, it's really hard to do otherwise... Stupid, stupid, stupid... why couldn't I have grown a backbone??
Anyway, we got caught and we were brought into the back room for questioning. We just told the truth and got banned from the store for 5 years while also receiving a notice to appear in court. We were charged with theft under $5000. I also was notified by the retail store I worked at that they would be following up with civil charges, basically suing me for their time and damage to their reputation.
I'm just wondering what I should do... I'm so scared I ruined the rest of my life over a few sweaters and an extreme lack of judgment. Any help is welcome! Thanks everyone...
excon
Apr 19, 2008, 05:24 AM
Hello Stupid:
Hire a lawyer, and keep your mouth shut. If you can't hire a lawyer, there's nothing you can do. You're along for the ridel.
excon
Edible
Apr 19, 2008, 05:31 AM
Look at it like this : It's happed and there is nothing you can do about it. You make a mistake and you're regretting it big time. You haven't ed your life up, you're just panicing and in court at worst you'll get a fine and a community service order. Don't worry yourself.
StupidMistake
Apr 19, 2008, 06:10 AM
Thanks guys... any more opinions/thoughts would be greatly appreciated!
Fr_Chuck
Apr 19, 2008, 06:54 AM
Yes, don't make any confessions and get an attorney.
You are going to have some large civil penalties, and criminal fines, so get started saving money
JudyKayTee
Apr 19, 2008, 06:59 AM
Thanks guys... any more opinions/thoughts would be greatly appreciated!
My only thought would be to take responsibility for your decision - the "I listened to a person in authority, that person convinced me to do it" argument is not going to fly and makes you sound like you take limited responsibility.
StupidMistake
Apr 19, 2008, 09:42 AM
Bump. Anymore thoughts or opinions? Thanks again everyone!
StupidMistake
Apr 20, 2008, 05:54 AM
Anymore input everyone?
StupidMistake
Apr 20, 2008, 06:04 AM
Is there any chance I can be considered for the adult diversion program? I'm really scared... Hopefully my clean record and good reputation with others will be enough to grant me access to an adult diversion program...
shellyjo68
Apr 20, 2008, 06:12 AM
How old are you?
Don't say anything to anyone and request an attorney. He will probley have you plead not guilty and try to plea bargin it down. Most people don't want to waste court time with retail fraud. Stay away from the friend that talked you into it and be ready to take him/her down with you. Sucks... doesn't seem like that is what friend do... but real friends don't convince you to steal. Yes, it was you decision in the end but... Also, remember if this friend is being prosecuted he/she is not going take all the blame or punishment. You have to live with you and your record the rest of your life even if you remain friends with this person they are going to drift out of your life some time in the future.
excon
Apr 20, 2008, 06:40 AM
Hello shelly:
If the cops wanted a "ring leader" they might be willing to bargain a lessor plea if stupidmistake would snitch.
However, the other perp isn't one of those. They're both equally guilty. Stupidmistake needs to own up to HER own conduct and not try to shift the blame.
In fact, showing contrition to the court will serve her better than snitching on her friend. You talk about a record for the rest of her life. What about her own personal record that she keeps in her head, that says she can't be trusted - she can't hold her mud - she can't be counted upon? That's a record I wouldn't wish on anybody.
excon
StupidMistake
Apr 20, 2008, 06:47 AM
I'm 21 years old.. any opinions if I'll be able to do the adult diversion? I really hope I'm eligible for that... I've already learned my lesson out of fear and embarrassment. Such a stupid error in judgement... anyway... any input is welcome... Thanks guys
excon
Apr 20, 2008, 06:57 AM
Hello again, Stupid:
You: I'm in trouble.
Us: Get a lawyer.
You: I'm in trouble.
You: I'm in trouble.
You: I'm in trouble.
You: I'm in trouble, and nobody's helping me.
You keep asking about possibilities and what can happen. Yet, you don't respond to what has been said to you.
Everything is possible - but YOU can't do it yourself. You don't speak the language of the court. There's only ONE person who can answer your questions, and can actually HELP. That would be your lawyer.
I don't know why, instead of asking for more help, you didn't run out and hire a lawyer. THAT is the ONLY help you need...
If you're counting on THEM to furnish a lawyer for you, you're just sticking your head farther into THEIR noose.
If I haven't made myself clear, let me tell you again. There is only ONE thing you can do - ONLY ONE. Go do it.
excon
StupidMistake
Apr 20, 2008, 07:02 AM
Excon, I know... but there are circumstances... I'm in the middle of exams and it's also a weekend. I've emailed about 4 criminal lawyers but haven't heard any responses. I'm just trying to get as much information as I can while I'm waiting for responses.
I really appreciate everyone's comments though. You've all been great.
PS: I'm a HE haha I guess maybe I just write like a girl? Who knows...
JudyKayTee
Apr 20, 2008, 07:51 AM
Excon, I know... but there are circumstances... I'm in the middle of exams and it's also a weekend. I've emailed about 4 criminal lawyers but haven't heard any responses. I'm just trying to get as much information as I can while I'm waiting for responses.
I really appreciate everyone's comments though. You've all been great.
PS: I'm a HE haha I guess maybe I just write like a girl? Who knows...
I am not aware of ANY (and I know quite a few) Attorneys who offer a legal opinion or can be retained based on an email. In fact, usually the fringe emails; prospective clients call.
Unless you have exams 24/7 get off the Internet and call one. Or you can explain to your cellmate how well you did on your exams and why you are his cellmate.
StupidMistake
Apr 20, 2008, 07:59 AM
Ohh... I wasn't aware of that. Basically the email's were just requesting a get together to discuss the case... but I will call. You guys are right. Thanks
excon
Apr 20, 2008, 08:03 AM
Hello again, S:
Judy is right on, of course.
If you look in the yellow pages, I think you'll find quite a few criminal defense attorney's available 24 hours a day, every day of the week.
No, I'm sure he won't schedule an appointment today, but he probably will first thing Monday morning.
excon
StupidMistake
Apr 20, 2008, 08:14 AM
Thanks excon and judykaytee you guys have been really helpful. My court date is on the 18th and I'll let you guys know how it goes... any predictions?
CakeLady
Apr 20, 2008, 08:52 AM
Here's a prediction for you:
You'll get slapped on the wrist (ie diversion). That's what happens to petty thieves the first time they steal something.
You said (basically) "I can't believe I've screwed up my life over a few sweaters and a bad decision."
It wasn't "just a few sweaters." You are a thief. If you had gotten slick away with it, you would have tried it again, most likely.
What you need to do is take a lesson from all of this, pay back the debt to the courts, attorneys, your former employer, etc. then learn to stay away from trash and build yourself a life you can be proud of.
But yeah. They'll look at the swift little college girl and her attorney and you'll get diversion. Happens every time...
--CL--
JudyKayTee
Apr 20, 2008, 08:58 AM
[QUOTE=CakeLady]But yeah. They'll look at the swift little college girl and her attorney and you'll get diversion. Happens every time...
Not a deal breaker but OP said he's a HE, not a SHE - things are bad enough in his life right now without having to explain this one to whomever.
StupidMistake
Apr 20, 2008, 09:15 AM
I'm just worried that because I was an employee they'll treat my case differently than they would a normal shoplifter... I'm so stressed... does anyone know/have experience on this issue? Thanks again everyone for your input!
CakeLady
Apr 20, 2008, 09:16 AM
[QUOTE=CakeLady]But yeah. They'll look at the swift little college girl and her attorney and you'll get diversion. Happens every time...
Not a deal breaker but OP said he's a HE, not a SHE - things are bad enough in his life right now without having to explain this one to whomever.
Whatever. I only read the original post, not indicating either sex. Either way--theivery knows no sexuality.
--CL--
JudyKayTee
Apr 20, 2008, 09:29 AM
[QUOTE=CakeLady][QUOTE=JudyKayTee]
Whatever. I only read the original post, not indicating either sex. Either way--theivery knows no sexuality.
Then you missed some comprehensive, helpful advice and additional facts.
JudyKayTee
Apr 20, 2008, 09:39 AM
I'm just worried that because I was an employee they'll treat my case differently than they would a normal shoplifter... I'm so stressed... does anyone know/have experience on this issue? thanks again everyone for your input!
I can tell you that my husband was a store owner and in general he pressed charges and followed through when employees stole from him, far more than shoplifters who wandered in off the street.
I can't speak for others but stealing from an employer is a double slap in the face of the employer. It's a violation of a relationship and a trust.
My husband was not unreasonable and there were employees who either came to him and confessed and kept their jobs or came to him following the arrest and were sincere and made restitution... and he rehired them (sometimes against my advice). Attitude was everything. The more excuses for the behavior, the more the matter was pursued.
StupidMistake
Apr 20, 2008, 01:41 PM
Thanks for the input JudyKayTee... I wish there was some type of database we could look into to see past decisions by judges on cases similar to ours/mine... I also called a lawyer and she was very helpful... thanks for all the input guys and I'll make sure to update everyone whenever there is news.
JudyKayTee
Apr 20, 2008, 02:21 PM
Thanks for the input JudyKayTee... I wish there was some type of database we could look into to see past decisions by judges on cases similar to ours/mine... I also called a lawyer and she was very helpful... thanks for all the input guys and I'll make sure to update everyone whenever there is news.
A lot is based on are you truly sorry, have you repented, are you a wise guy with a smirk? Glad you found a helpful Attorney, and, yes, check back, okay?
Thanks for the good words -
emery
Apr 21, 2008, 05:44 AM
I agree with your concern about this being "theft from an employer". Normally a first time offense would qualify for a diversion program however courts do not like to give this when it is theft from an employer as they consider this much more serious than just shoplifting. Let us know how this works out for you.
StupidMistake
Jan 25, 2009, 08:10 PM
Hi everyone...
Just thought I'd finally update you guys with the situation and how it all unfolded...
After much delay I was finally and luckily admitted into a diversion program... my lawyer mentioned to me that without my university background and prior clean slate I would never have been considered for diversion.
Needless to say, I was very thankful and relieved to know that I had been given a second chance. I was ordered to complete 50 hours of community service at a local carpentry shop stripping furniture and doing other manual labour tasks...
After completing my community service I waited for my final court date and was successfully granted completion of diversion. I have most definitely learned my lesson and truly thank you all for your help through this crazy ordeal.