Shoplifting, Larceny, Robbery, Theft Accused of theft

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Xretailmgr

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I am/was a department manager for the cell phone area of a major retail store. On monday I went to work like any other day at 7am, and was pulled into the office at 9am to be confronted by 2 loss prevention associates who started me off asking me where I want to go in the company, talking about what they do in their job, and using psychological tactics on me to make me feel more "relaxed" I suppose. It quickly leaded to them asking me if I've done anything I'd like to confess. Being the cell phone manager I have had access to demonstration model phones that are active and I have, on occassion, taken the phones out of the store for various reasons. I admitted to this fact. I had no problem getting fired over this honestly. Its how I became good at my job, and how I learned the phones themselves. Made me a better salesman. However.... I do not steal. Shortly thereafter they announced that I was terminated and told me the police were on their way. I was absolutely dumbfounded. I understood termination, I used company property offsite yes, fire me, ok... but to call the cops on me? Whaa? So I was arrested and led the walk of shame in handcuffs through my store so that all the 300+ employees could have a story to tell. Once I got bonded out, I immediately looked up the definition of 'theft'. And I know I am not guilty of theft for my intent was never to deprive them of their property. Other managers take walkie-talkies home amoung other electronic items. I just don't understand
 
Your "intent" cannot be proved. What can be proved is you left store with merchandise you did not pay for. Furthermore you used this merchandise for your own purposes. This is indeed a form of theft. Although there are other charges they might apply to this. What other employees do with walkie talkies is not a fair comparrision. You should start calling Lawyers many offer free consultations see what options you might have.
 
What state are you in, and what statute have you been charged with violating?

Understand that theft can often include even the temporary deprivation o fa person or business of their property, or even the use of the cell phones which incur a cost to them (they probably had to pay for your phone activity).

But, the best way for anyone to address your case is to know the statute (code section) you have been charged with and the state where this has occurred.
 
I have been charged with Felony Theft. I spoke with my public defender today at my hearing. He told me basically the same thing, that I committed theft when I took the cell phone off the property. Guess all I can do is hope they give me a lesser charge and learn from my mistakes. Its just a shame to me that my intentions were for the good of the company. Now I'm facing 12 months in prison for something completely petty. The phone itself wasn't even a new phone yet they charged me for the retail price of a new phone which in itself is barely over the limit for the felony charge. Kind of ludacris and offtopic, but when I was very young, my uncle molested me and was prosecuted for it. It was his second offense. He served 6 months and I'll never get what he took back. They atleast got there damn phone back.. The legal system just doesn't make sense
 
The justice system is about the process, and what can be proven in a court of law. Not that the seriousness of the offenses are equitable,but chances are his molestation sentence was a plea deal and designed to keep you from having to testify, and to avoid the risk of losing the case at trial. Fortunately, he at least got a conviction ... far too many never even get filed to the weakness of the case against the accuser.

As for your theft,speak with your attorney. There may very well be options that you can take to minimize the damage from this offense.
 
I agree its possible that a plea deal that drops your charge to misdemeanor in exchange for guilty plea is possible. However I suspect this will still involve a criminal record for you making retail work about impossible
 
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