• There has been a recent cluster of spammers accessing BARFer accounts and posting spam. To safeguard your account, please consider changing your password. It would be even better to take the additional step of enabling 2 Factor Authentication (2FA) on your BARF account. Read more here.

Anyone with with law experience please chime in (embezzlement).

I

imurdaddy415

Read Only
Joined
Mar 25, 2008
Location
In the twisties
Moto(s)
make me poor
Name
Tk
A friend of mine works at Sears and recently tried a watch valued at $30.00 from a kiosk within the store. It's an open case it is not required to ask a worker to try any merchandise from the vase on; therefore, anyone can just try different brand/sizes on at any time. Anyway, they went back to there job (within sears) and brought the watch and case that had the tags for purchase on them. They wore the watch to see if they liked it enough to buy and forgot that they had it on and left home and left the actual case at their store. Today, they went to work and we asked to go to the main office from there the loss prevention asked them questions and had them fill a statement about what events took place (apparently on camera) and eventually a police office read them the rights and gave them a citation and the code is: 503-pc embezzlement. Judging from a few sites it seems that they might have to lawyer up even though they were going to return the merchandise. It was all an honest mistake. What should they do? Also, they have to go to the police station to get "booked" does this mean arrested or are they just need finger prints and the such?


Any advice would be appreciated.

EDIT: I also forgot to mention that the officer told them they had to get "booked" before the actual court appearance which is on Aug 30.
 
Last edited:
Troll cred +1: correct Penal Code cited! :applause

Since you'll never come back to this thread per your usual MO I won't bother to reply with any actual information.
 
wow I think they are screwed. Even with good intentions putting a watch on and taking it home is stealing but if it is from your workspace it is embezzlement.

The real question is WHAT THE HELL WAS YOUR FRIEND THINKING?????

Oh yea lawyer up cause this could get nasty.
 
Entoptic said:
wow I think they are screwed. Even with good intentions putting a watch on and taking it home is stealing but if it is from your workspace it is embezzlement.

The real question is WHAT THE HELL WAS YOUR FRIEND THINKING?????

Oh yea lawyer up cause this could get nasty.
Click to expand...

They were just wearing it and forgot :facepalm So they should really lawyer up over $30? I think it's ridiculous that they would have to pay potentially thousands of dollars over such a stupid incident.
 
contact a public defender or a criminal lawyer and they can file with the state to pay for your defense...some may want a deposit and others may not...avoid the ones that'll charge for "consultation" cuz there's plenty that will listen for free...

or wait for the preliminary hearing and depending on the county, your case may be dropped completely and gotta deal with Sears..

if it goes that far, just plead not guilty...

a lawyer might prolong the court case and make a deal with the DA for you to work community service or pay a fine without being charged with a crime...

but most likely the job at sears is history...
 
512. The fact that the accused intended to restore the property embezzled, is no ground of defense or mitigation of punishment, if it has not been restored before an information has been laid before a magistrate, or an indictment found by a grand jury, charging the commission of the offense.
Click to expand...

IOW, you...err, "your friend"...should return it immediately.

514. Every person guilty of embezzlement is punishable in the manner prescribed for theft of property of the value or kind embezzled; and where the property embezzled is an evidence of debt or right of action, the sum due upon it or secured to be paid by it must be taken as its value; if the embezzlement or defalcation is of the public funds of the United States, or of this state, or of any county or municipality within this state, the offense is a felony, and is punishable by imprisonment in the state prison; and the person so convicted is ineligible thereafter to any office of honor, trust, or profit in this state.
Click to expand...

IOW, it's no different than if "he" was caught shoplifting it...other than "him" being fired too, of course. "He" was fired, right?
 
How do you try on a watch and "forget"? Doesn't make sense, sounds like an excuse I'd expect from a 14 year old.
 
My brother in-law was on a jury in a case where Albertsons fired a lady over not paying for a $1.25 fountain soda. She sued for wronful termination and lost.
 
all this problem with a sears watch...

should of worked at Target...:x
 
Why get a lawyer over the theft of a $30 watch? Punishment will be a slap on the wrist, don't waste the money.
 
It is not me as I don't work for sears :laughing and yes they were fired from the job immediately. My friend was freaking out and I told them that worrying isn't going to do anything other than giving grey hairs. I will tell them to return it asap and make sure that there is a record that indicates them returning it. It sucks because I was going to get a discount for some tools :(
 
mercurial said:
Why get a lawyer over the theft of a $30 watch? Punishment will be a slap on the wrist, don't waste the money.
Click to expand...

Don't know about you, but I would not want a criminal conviction on my record, not even a misdemeanor.
 
imurdaddy415 said:
Keep in mind that they worked at sears, so they don't have much disposable income.
Click to expand...

better than no income with a misdemeanor on record, having to explain it was related to work, and never being able to work retail again.
 
You must log in or register to reply here.
Back
Top