Hi I was called by a io for investagation. The Io took my sentence and I was allowed to leave.
The story goes
I have bought an monster earphone off Amazon at 150 dollars, then few day later I bought a similar earphone at a local store at 300 dollars , both earphone look alike, and look real. I had them mixed up (dunno which is which )
-i then posted the earphone on a forum asking for 200, buyer A bought it from me I gave him a copy of the receipt and the box .
-next soon after I found a even better deal 70 for the same pair of earphone from a online shop, box had the geniuue sticker on it, I thought it was a good deal. When they arrived , I tested it (sound alike and look alike), so I chuck this and another pair I had with me together. I posted it on a forum wanting to sell it-buyer be bought it from me for 130, I gave him the box and the return invoice (those invoice you get from exchanging the earphone at the dealer)

He made a police report that its fake, he even exchanged it with the dealer (I didn't expect him to exchange it as I thought a original receipt is needed)
Now it make it as though I have misrepresentation the product by giving him the return invoice (mistake on my part, I do not know what I was thinking, just wanted to sell it off quick) making him believe that it was bought from a local store when I do not know the origin as I have mixed them up.
-i do not know that the earphone I bought are fake (looked the same)

Now what is going to happen next ?
Am I going to court?
Or can I just compensate the buyer and the dealer?
I am very scared now, I am 21 and this is the first time I am being called into a station and questioned by a IO.
I gave him a 7 day refund period, but he did not came looking for me

There are a lot of problems with counterfeit goods being sold and a lot of companies are enforcing this. Its possible the buyer was a "narc" looking for sellers of such goods.

If you have no previous record and there is no record of you selling such goods regularly, then I doubt if they will prosecute, but you may be required to make restitution. At worst, you may get probation. If you are actually charged, you should hire an attorney.

They have also confiscated the one earphone left with me, when I ask them will it be returned , they say it depends on the court decision. What does that mean ? Does it means that I have to go to court ? Advice please ? Thanks

It means the prosecutor is deciding how to pursue the case. You have not been arrested yet as I understand you. That has to happen first. If they decide to prosecute, you will probably be asked to come down to the station for processing. If you don't show, a warrant for your arrest will be issued. At the station you will be booked and taken for arraignment (or a date set for arraignment). At that point, you make your plea to the judge and a trial date will be set.

If you do not hear anything within a couple of weeks, contact the officer and ask for the return of your property.

So it means that I might not go to court ?

Hi thanks for you detailed answer. I told the IO that I wanted to pay the damages back to the supplier/ buyer and she told me to give her some time so that she will know who to compensate . Does it mean that I will have a chance to just receive the warning after I paid the parties (buyer/supplier) and the case is settled?

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Originally Posted by xeonsaga88

? i told the IO that i wanted to pay the damages back to the supplier/ buyer and she told me to give her some time so that she will know who to compensate . Does it mean that i will have a chance to just receive the warning after i paid the parties (buyer/supplier) and the case is settled?

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Hello x:

I was hoping I would get to answer you BEFORE you did that... Offering to pay back the victim LOOKS like YOU victimized him... If you didn't CHEAT anybody, then SAY so, and DEMAND they PROVE their allegations...

excon

However I was wrong in the sense that I have misrepresentation the product by giving him the return invoice, making him think that it was bought from a local supplier causing him to go exchange the product . Am I at fault here ? What can they charge me for this ? Thanks

Quote:

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Originally Posted by xeonsaga88

Am i at fault here ? what can they charge me for this ? Thanks

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Hello again, x:

If you believed that ALL the earphones were interchangeable, then I don't believe you did anything wrong. Your intention was NOT to cheat. THAT is the key to criminal conduct. I'd keep my MOUTH shut from here on out, and see what they do.

excon

I don't disagree with excon, but intent is a matter for a jury, not for a prosecutor. If there is evidence that you sold a counterfeit as the real thing, then you could be prosecuted. Whether that prosecution is successful is another matter.

I do agree you shouldn't have offered restitution just pointed to your refund policy.

So is this classified as a criminal case or a civil one ?
What would happen after restitution?
If I am charge , can I settle the out of court?
I really just want to quickly end this case.

Criminal

Hi can you answer these two as well ?
What would happen after restitution?
If I am charge , can I settle the out of court?

Thanks

That is up to the prosecutor and the victim.

It is criminal, but also will be civil in that you will have to pay them back, as for as "settle" out of court in crimial that is a plea bargain where you plead guilty of the crime ( get a record) and in return may get probation or lesser time in jail.

*** also I would get an attorney and come up with a better story or just not say anything, since what you are saying, makes you sound very very guilty