[biology_class10]

Hey everyone,

I just recently got charged of fraud under $5000. I worked in a retail store and did returns on my Visa Card as an employee on my own. Now it's against company policy to do so on your own (doing return/purchase transactions on your own) but I did anyway to save time from having to wait in line or what have you, and just dropped off the clothing in the backroom.

I got called into the Lost Prevention office one shift, they sat me down and had a talk with me. Everything seemed to go well, it was actually the Regional LP Manager conducting the questions while another LP agent was there as a witness. Regional LP just told me about what he does and such then he said that is why I am here.

I did not fully admit to anything in regards to that statement. He continued to say that I committed fraudlent returns. Now I believe that anyone in that situation would do what's natural. The conversation continued and he began asking questions like why I did it, how long ago did I start, did I ever steal merchandise, did I ever steal paper/coin money, abuse my discount etc etc etc!

I was thinking to myself I have no clue what he is talking about, I never stole money, nor did I steal merchandise.

I'll be honest with you, looking back I wish I had said or did things differently.
This is where things get twisted.

The thing is I never knew what I did wrong, I never had a chance to fully explain to myself what I was doing (doing returns on my card, and dropping off the merchandise in the back) And even if I did, he would never believe me! When he asked me like when I started doing this, I don't him HONESTLY I have no idea. Then he was like "cmon think harder". This was the trend, he kept pestering me, like he was interrogating me. Then he asked me how much the damages were. Stupid me I have no clue why I said this but I said I don't know, he insinuated that it was a large amount. He had a CD (security camera), and a file folder that I never saw. I told him UP TO $15000CDN. Why? I don't know... I was on the spot and I was scared. And I said umm it started like early summer 2007.

Then he asked me to write out everything that had transpired, so naturally I obliged.
Then he said that since the amount was sooo high, the cops had to get involved.
They eventually came, and asked me if I felt like I had to write out the statement, and I said yes I felt like I had to.
The thing is I felt like I had to because it was the RIGHT thing to do at the time? I was NEVER presented my rights by the LP Agent, he is viewed as an Authority Figure and should know better!
Then the cops gave me two options: they would take me down to the station, hold me until bail and lawyer present if I wanted to make a statement OR choose not to, go for fingerprints and court appearance. I chose the 2nd one.

Then, the Regional LP Manager said since I said I would pay them back (I was remorseful, because I felt like ) he presented me a Civil Demand Notice. It basically states that I have to pay them back. I wrote down $10000. There is noooo damn way I took 15000 or 10000 dollars worth of money/merchandise. No way.

My court appearance is at the end of the month.
I've applied for Legal Aid already and I've consulted a Lawyer.

Im not too sure what to do, I want more than just one opinion.

Some things to ask:

Regional LP Manager NEVER presented me my rights. He is viewed as an Authority Figure, cop or not. My major concern is that statement I wrote out. I have strong beliefs they will try to use it against me in court. I want to fight it and say that I was never presented my rights, he was interrogating me essentially, I was detained for 3 hours (4pm-7pm). And be being stupid, sang like a bird for him. Will the court consider this and have the statement withdrawn from court? Because he basically states that I did it all. (in which I didn't!! )
And it's a fraud under 5000 charge, but I have to pay back 10000? How does this work?

What's the severity of it all?? I don't want to go to jail... iam a first time offender, starting my 2nd year of college... I know what I did was wrong and against company policy and such.

The lawyer I saw, said to just go to court and get the disclosure, meaning all the paperwork and junk. I NEVER even got a copy of that written statement. LP Manager told me a company would contact me about the payment. They Haven't done so yet. So? Can I say that in court and will it hold any weight?
I just want things to go back to normal, I want to be able to focus on school. I don't know what to do... if you read this thank you thank you for your time and patience, please let me know your advice!!

[excon]

Hello b:

Yes, they can use your statement against you. You are entitled to have your rights told to you by the COPS, not the store detective.

I'd hire me a good lawyer...

excon

PS> I've heard of people admitting to a murder they didn't commit because they were beaten during their interrogation. But, I NEVER heard of anybody copping out to stealing BUNCH MORE than they stole to a store cop.

I have NO idea what prompted you to do that... You're evidently NOT a dufus. Some people we get here can't write a complete sentence... You can. Clearly, you understood what he was saying and what you were writing...

I don't know...

[Fr_Chuck]

Ok, the LP person does not have to read you any rights, that is the police, you decided to confess and that is a big issue, if you had refused to make any statement or said no, you wanted a lawyer, or just no, arrest me or let me go

But now you don't say anything in court, wait till the real hearing, and let your lawyer take care of it

[biology_class10]

So what should I do in court? I should have a lawyer present in my first appearance?

What's the consequence going to be? Any speculation..

[excon]

what's the consequence going to be? any speculation...?

Hello again, b:

Most innocent people don't ask that question. Instead, they feel outraged, and want to prove their innocence. You don't. I think you ripped 'em off.

They already can prove $10,000 cause you admitted it. They might be able to prove a lot more.

So, the consequences are serious. I'm sure the prosecutor will be asking for jail time. You're going to need a good lawyer who's going to ask for probation.

excon