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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 11738
Experience:  19+ Years of Legal Practice in Criminal Law.
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I was working at my last job which was lost and found, and

Customer Question

I was working at my last job which was lost and found, and a Wallet came up missing. My job did a small investigation and when they came to me I told them I did not know about any wallet. Apparently the wallet had been some what in plane view and they asked what did I think should happen. I told them that I felt negligent because I Should have noticed it there and that I didn't mind reimbursing it. During the investigation with my job they kept bothering me and made me feel nervous and I lied when speaking to them then quit. Now the police has contacted my house saying that I did not cooperate with my job with paying the restitution and I'm looking at Jail time. I never admitted to guilt and there is no evidence of it? What's going to happen
Submitted: 1 year ago.
Category: Criminal Law
Expert:  AlexiaEsq. replied 1 year ago.
Hi, thanks for your inquiry! I have been practicing Criminal law for 17+ years and have specific experience with issues like yours. That being said...

Can you clarify what your police officer friends indicated to you?
Customer: replied 1 year ago.

My police friends said that they think the detective was trying to get a confession from me over the phone when he called me. When the detective called he asked me what happened with the wallet situation and how much money was in the wallet. I told him I didn't remember because I never saw the wallet and i didn't remember how much my job told me was in the wallet


 

Customer: replied 1 year ago.

However I know the amount is under $70

Expert:  AlexiaEsq. replied 1 year ago.
How to you know the amount?
Expert:  AlexiaEsq. replied 1 year ago.
You also mention you lied to the co-workers/employer before quitting. Can you specify the details?
Customer: replied 1 year ago.

I know the amount now because the detective said before the called ended " I believe the amount was for $60" in which I said ok. I lied to my employers when they were asking me how many times I entered the room, because I entered the room a lot because it was part of my job I tried to give a description as to each time i entered the room. I started to feel as if I was starting to become incriminated because the questions seemed leading. So I Stated one of my friends called me to check if there was a lost phone which wasn't true. I was scared they were about to accuse me. They did an investigation and they found out it wasn't true. At that time I quit the job. According to the detective they were not going to press charges because I stated I was going to pay for being negligent. But since I quit it counted as being non cooperative. I told the detective I still wanted to pay because I do feel responsible however I did not steal the wallet

Expert:  AlexiaEsq. replied 1 year ago.
Hi again, and thank you.

With regard to your posts:

I know the amount now because the detective said before the called ended " I believe the amount was for $60" in which I said ok. But you don't know if that was truthful of him.

I lied to my employers when they were asking me how many times I entered the room, because I entered the room a lot because it was part of my job Well, if you lie by reducing the number of times you entered, won't that be obvious, since they clearly know the nature of your job. If you were avoiding going into the room, might that not make it appear that perhaps you are guilty, since you were avoiding the scene of the crime?

I tried to give a description as to each time i entered the room. But why would you even remember such details when at that time, there was no reason for you to take note of your routine details (since at that time, you were unaware a crime had taken place or was about to take place).

I started to feel as if I was starting to become incriminated because the questions seemed leading. That is pretty normal, yes.

So I Stated one of my friends called me to check if there was a lost phone which wasn't true. And they can learn it was untrue, should they care too. I'm not sure why you felt compelled to make this one up? Were you trying to explain away why you were in the lost and found box?

I was scared they were about to accuse me. They did an investigation and they found out it wasn't true. Ah!

At that time I quit the job. According to the detective they were not going to press charges because I stated I was going to pay for being negligent. But, know that agreeing to pay up after a crime, does not relieve you of criminal liability for the crime.

But since I quit it counted as being non cooperative. In their minds, anyway. If someone accused me of a crime, I'd quit too - particularly if I was innocent, because who wants to work where people are accusing me of theft!

I told the detective I still wanted to pay because I do feel responsible Why? Why would you feel responsible? You already said your job requires to enter and leave that room - thus, that lost and found/wallet were not guarded because your employer requires you leave the room. Not your fault if someone's sticky fingers made it to the wallet while you were gone.

however I did not steal the wallet
I understand. I do think you made plenty of guilty looking mistakes - out of fear/anxiety.

With regard to your post:
"I never admitted to guilt and there is no evidence of it? What's going to happen" - if they charge you, they will have to prove guilt beyond a reasonable doubt. Since, thus far you indicate that all evidence is merely circumstantial, that may be difficult. You will want to show that your job, as mandated by the accusing employer, required that you leave the room frequently, leaving that box of stuff/wallet unattended. You didn't notice wallet (and why it would be "in plain view" is a big question), but again, someone could have put it there when you were out of the room, just like someone could have stolen it when you were out of the room. This possibility could very well be so possible that there is no way you can be proved to be the thief "beyong a reasonable doubt". That unattended room, I'd argue, LEAVES reasonable doubt (perhaps even MORE doubt then mere "reasonable dougt" as to whether YOU did it. Also, if you were questioned same day, the greater the likelihood you'd have that wallet in your possession IF you'd stolen it. Were there other employees on duty? Did anyone get off shift before they were done investigating your, or even before they started? That employee could be the one that took it, then went home with it. When asked why you agreed to pay for a theft you didn't commit - if you did it only because it seemed like you'd be fired if you didn't agree, then say it. Feeling "negligent" seems unrealistic, since you have already said you are not supposed to be in that room 100% of the time.

I hope this helps! Let me know if you need follow up before or after RATING me. And PLEASE know that my job depends on a POSITIVE rating now and at least an 8-10 feedback rating later. Thanks! I won't forget your support.

Sincerely,

Alexia Esq.



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Expert:  AlexiaEsq. replied 1 year ago.
Hi again, I see you issued an erroneous/mistaken Rating while I was expending the substantial time preparing your answer. Please correct it as soon as possible so I can continue to discuss your issue with you and give you accurate answers to your question(s). And remember, if anything is unclear, always feel free to follow up!

I will await your action before taking the next step today. Thanks!
AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 11738
Experience: 19+ Years of Legal Practice in Criminal Law.
AlexiaEsq. and other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

I truly apologize my little brother used my computer without permission. It won't happen again

Expert:  AlexiaEsq. replied 1 year ago.
Lol, I understand. I have two little ones here. Thank you for quickly fixing. That being said, is there anything additional on this you would like to discuss?
Customer: replied 1 year ago.

The only thing i would like to know is that by me agreeing to pay the fee for negligence, have I technically admitted guilt? And exactly what charges are they trying to put against me since it was never stated that I stole the wallet? I asked the job what the charges were being placed against me and they said speak with the detective who hasn't contacted me back in over a week. There were cameras in there, and there was no proof. I'm definitely going to hire an attorney.

Expert:  AlexiaEsq. replied 1 year ago.

The only thing i would like to know is that by me agreeing to pay the fee for negligence, have I technically admitted guilt? No, not per se. But certainly it can be a circumstance that a judge or jury can consider in determining if you are guilty. And you, of course, would explain to them why that is not the case - that you were only indicating that you thought you were negligent in not keeping a closer watch on the fellow's wallet, thereby not preventing the theft. But you yourself did not have anything to do with any theft.

And exactly what charges are they trying to put against me since it was never stated that I stole the wallet? Only they can answer that. They never have to tell you anything, however. They can just charge you. But, again, it seems the evidence of theft is slim.
Do a DA may decide the matter is just not worth it, given a low chance of success, should he charge you and you get your own lawyer.

I asked the job what the charges were being placed against me and they said speak with the detective who hasn't contacted me back in over a week. Yes, the charges are not made by the employer - not even the detective, but the DA.

There were cameras in there, and there was no proof. I'm definitely going to hire an attorney.
Ah! That is your BIGGEST defense! A camera will tell WHO done it, or at least that you did not do it. You may want to just hush up, keep to your self, stop talking! above all, and this thing may never happen. It may be you dn't have to spend on a lawyer now, if you stop talking. Just get one in the event they charge you. Nothing he can do of substance now, in any event, since you are not charged. But please do stop talking to anyone about, as that is the most common way defendents implicate themselves.
Customer: replied 1 year ago.

Thank you ma'am and I will follow your advice and just keep to myself. you have been a great help in me trying to wrap my mind around this

Expert:  AlexiaEsq. replied 1 year ago.
I know it is worrisome. Try not to let it drive you nuts unless and until you have to. I am here if you need me in the future. Just start your post with "to Alexia Esq." so it will get to me.

Good luck and have a great weekend.

Sincerely,
Alexia

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