So here the low down on what happened to me. I once worked for the great company Winn-dixie. No joke I really think it was a great place to work. During my employment I started making and selling beef jerky on eBay from 2006-2010. The eBay jerky business had gotten so big that I was buying three 80lb boxes of meat a week from the store to produce the jerky. Life was good... in fact great... till the asset protection lady walk her *** in and slapped an embezzlement suit on me. She that I took advantage of sale items because I would buy meat that was on sale and that I abused my crappy 5% employee discount. The total over a 4 year period is $16237.23 that they say should have been paid. They got this amount from sale items that they say should have been retail and the 5% discount. I was arrested, charged and have been indicted. The question I have is how long can they wait before going forword? I was indicted on August 16 2011 and it is now May 22 2012. I was going to Have court in November 2011 but when I got there I was not on the docket for that day and have since not been on any. Every time I ask my lawyer what's going he says let sleeping dogs lay. What should I do?

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

So your saying they can take as long as they want? By the way this happened in Mississippi

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

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Originally Posted by Fr_Chuck

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

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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. :)

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.

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 don't see how this is embezzlement. I never paid less than the company did for the cases of meat. They were never at a loss.

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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.

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

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

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Originally Posted by ScottGem

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

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I do have an attorney. That's what I'm 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 doesn't want to stir up anything I guess.

Ask him why he's waiting for the DA to make a move? I suspect he has a strategy, and it might make sense to stretch this out. But you are entitled to a more detailed explanation of his strategy.

Hello l:

Couple things.. Listen to your attorney... That's why you hired him.

You say an indictment was handed down... There must have been SOME evidence of wrong doing before they would have indicted. This isn't like there was ONE incident. This was an ongoing crime, IF it was a crime at all.. Before charges would have been filed, there would have been a LONG and drawn out investigation. You would have been CENTRAL to the investigation.,. Your receipts SHOULD have been enough to put the kibosh on the investigation..

Something's funny.

excon

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Originally Posted by excon

Hello l:

Couple things.. Listen to your attorney.... That's why you hired him.

You say an indictment was handed down... There must have been SOME evidence of wrong doing before they would have indicted. This isn't like there was ONE incident. This was an ongoing crime, IF it was a crime at all.. Before charges would have been filed, there would have been a LONG and drawn out investigation. You would have been CENTRAL to the investigation.,. Your receipts SHOULD have been enough to put the kibosh on the investigation..

Somethings funny.

excon

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Nothings funny. The grand jury can only go by the evidence presented to them by the DA. The trial is where my lawyer will sqash them. And to come here to asking for help then accused by you is an outrage. All I ask in my question was what do I need to do? My lawyer keeps saying let sleeping dogs lay. I just want to know is this something that lawyers do? Does my lawyer suck?To me the justice system isn't 100% right all the time. At least in my case I don't think so.

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Originally Posted by lucasjerky

She that I took advantage of sale items because I would buy meat that was on sale and that I abused my crappy 5% employee discount. The total over a 4 year period is $16237.23 that they say should have been paid. They got this amount from sale items that they say should have been retail and the 5% discount. I was arrested, charged and have been indicted.

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Most of their case may reference your employee agreement. If an employee agrees to not take unfair advantage of sale items (like maybe buying them before they are put out to the public) or uses the employee discount to profit, then they may have a case.

I wonder, though. Based on what they say you owe them ($16k+), then they are claiming that you bought well over $320,000 worth of meat from them in that 4 year period.

Is that right?

You DEFINITELY need to make sure that you have a good attorney... AND do what he says... OR try to settle out of court - UNLESS you have a rock solid defense of the charge(s) against you.

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Originally Posted by lucasjerky

to come here to asking for help then accussed by you is an outrage.

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Hello again, jerky:

Relax.. I wasn't accusing you. I was fishing for more information to help you with, because there IS something funny going on here.

Given your story, the highlights of which includes your books being in order, your transactions being out in the open, and NO proven losses to the company, not only would the civil suit fall flat, the cops would NEVER have even begun an investigation. Something is funny

Nonetheless, your attorney is telling you RIGHT. As time goes by, people forget exactly what happened... People move. Cops LOSE stuff.

excon

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Originally Posted by excon

Hello again, jerky:

Relax.. I wasn't accusing you. I was fishing for more information to help you with, because there IS something funny going on here.

Given your story, the highlights of which includes your books being in order, your transactions being out in the open, and NO proven losses to the company, not only would the civil suit fall flat, the cops would NEVER have even begun an investigation. Something is funny

Nonetheless, your attorney is telling you RIGHT. As time goes by, people forget exactly what happened... People move. Cops LOSE stuff.

excon

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Ok buddy. Im relaxed now. One other thing I guess needs to be mentioned in winn-dixie no longer exist. It was purchased by bilo. It is still called winn-dixie but is no longer on the nyse. Their asset protection person no longer works there she is now with another company. Will this effect my case? Hope so.

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Originally Posted by lucasjerky

Ok buddy. Im relaxed now. One other thing i guess needs to be mentioned in winn-dixie no longer exist. it was purchased by bilo. It is still called winn-dixie but is no longer on the nyse. Their asset protection person no longer works there she is now with another company. Will this effect my case? Hope so.

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Only if the company withdraws the charges and asks the prosecutor not to prosecute. Since embezzlement is a criminal offense, once reported the state can continue with prosecution without the claimant.

But if the LPS person is not available for testimony and the local store or corporate doesn't want to pursue this may be dropped. Another reason why your lawyer is suggesting letting sleeping dogs lie.