View Full Version : If someone steals about $200 of Walmart gift cards and uses them, what is the charge?
If someone steals $200 worth of Walmart gift cards from a building they work in and uses them what charges can be filed? They admitted guilt to cops during interview but was not arrested but told to go home and would receive an arraignment letter which I don't understand either? I guess the cops told them they were looking at a couple felonys but to my limited knowledge I thought it was a misdemeanor? But I am no expert. This person has no criminal background at all. I was actually shocked to find this out as I have known this person for many yrs.I was wondering if they were not aressted what is an arraignment letter and how does that work? And what can they be charged with? Is there a chance of a plea bargin? If so when does that happen? Do they need a lawyer? They have already made restituition to building it was stolen from. The crime happened in Oklahoma.
JudyKayTee
Jul 23, 2011, 06:34 AM
Theft is theft - that's the charge unless they also broke in and there are other issues. $200 would appear to be a misdemeanor UNLESS there are other circumstances.
An arraignment letter in my area tells you to come in to the Police Station and be photographed and fingerprinted. There is always a chance of a plea deal.
The choice of whether to get legal representation is up to your friend. I never think it's a bad idea.
twinkiedooter
Jul 23, 2011, 09:24 AM
Theft - probably grand theft (over $50) so be prepared for the worst. Probably a 5th degree felony at worst. Or a first degree misdemeanor.
They didn't break in, they were at work. I agree theft is theft and they did the crime so will have to face it. I just didn't understand how gift cards adding up to about 200 was clasified as felony? But as I said I'm no expert.
Thank you for explaining araigment letter deal to me. I recommended a lawyer also.
Do they need to ask for a plea deal or does the da offer that, is it in the araignment letter?
What kind of sentence are they looking at?
Thanks for explaining & answering.
JudyKayTee
Jul 23, 2011, 10:57 AM
I'm guessing your friend is also on Oklahoma. I find this: "As you may have seen, some crimes can be charged either as a felony or a misdemeanor in Oklahoma. The factors that will determine the classification include the defendant’s criminal record, the amount of substance involved with possession of a controlled substance, the amount of materials or money stolen or embezzled from an establishment and the amount of harm done to the crime’s victim." As you can see the dollar amount matters somewhat; the circumstances matter a LOT. It will be charged the way it will be charged. There is nothing your friend can do about that.
How did he steal the gift cards? You said he stole them from a building where he works. Now you appear to be saying he stole them at work.
When the Attorney goes to Court with him the Attorney will discuss the matter with the District Attorney and they will negotiate (or not negotiate) a plea bargain.
Theft during employment is treat very seriously. That may by why it's charged as a felony.
If convicted of a felony in Oklahoma he will face a minimum of 1 year in prison.
Yes he lives in Oklahoma also,all I know was it was a building he works at that he had keys to, I'm pretty sure he was also at work. Sorry did not know that made diffrence so didn't ask.
He said he saw the gift cards and took some and used them which equalled up to $200
Thanks for answering.
JudyKayTee
Jul 23, 2011, 12:29 PM
It's theft in the course of his employment - that probably raises the stakes to a felony.
Thank you all for the advice & answeres.
Fr_Chuck
Jul 23, 2011, 05:29 PM
If he used his keys and went in after hours and did it, they may add additional charges.
If he did it, during working hours, yes theft
Remember each state in the US have sometimes different names for a specific charge and the dollar amount to be charged felony or misdemeanor varies from state to state.
It is very common to start with a higher charge to work out a plea deal latter.
This person ( if you or friend) should not make any more statements, and I hope they did not write a written confessoin to the store.
Get an attorney,
I don't know what he did or did not do at the store all he said was he gave them money to pay it back... So I have no idea what he wrote to them if anything.. I told him again to get laywer and said he will start calling Monday. He said he was on the clock and at work when he took gift cards so don't think he went back. At least that's one good thing--
I will pass on all you guys helped me to understand and he will have to deal with whatever he faces. I care about him as friend but he did very wrong and do not condone what he did.I still don't think he is a terribile person, And would never have ever thought he would do this but he did so will have to face any and all consequences because of that.
Thank you for all the helpful explanations.