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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 101559
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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There is an ex employee that is being accused of stealing giftcards

Customer Question

There is an ex employee that is being accused of stealing giftcards from work.
She no longer works there because she went to another job. The owner was extremely mad that she left even though she did a formal 2 weeks notice. Her ex best friend of 12 years is now the manager of the location and there is plenty of bad water there.
They are accusing her of taking several hundred dollars of gift cards. The proof that they have is the people using the cards are family or the accused. One family me member even said she was gifted the giftcard from the exemploye. There are records that the cards were purchased in the computer. But we think she used random numbers because the hard copy's are no where to be found.
Questions: 1 are we legally accusing her of taking the correct way?
2 if she shows a screen shot of the bank statement that she used to purchase the "stolen" cards, should that be proof enough?
3if this went to court, how would the person accused avoid jail time.
4what proof does the employer need to bring the accused to jail
5how does she prove he is innocent if they really were stolen?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not to participate in phone calls and I may or may not be able to participate in this feature.I am sorry to hear about this situation.Questions: 1 are we legally accusing her of taking the correct way?There is no "correct way." Or rather, there are way ways to pursue this:1) FILE A CIVIL COMPLAINT in civil court against her for civil relief, or, 2) FILE A CRIMINAL COMPLAINT with the police, and let the police investigate. The police will then pass this on to the prosecutor who decides whether or not to charge. Both steps may be taken at the same time.2 if she shows a screen shot of the bank statement that she used to purchase the "stolen" cards, should that be proof enough?Possibly. However, it is up to the Court to decide in the end. In civil court, she has to be seen as liable by a preponderance of the evidence. In criminal court, she has to be convicted beyond a reasonable doubt.3if this went to court, how would the person accused avoid jail time.This is up to the JUDGE or JURY to decide at sentencing in a criminal case. The Court decide this, not the victim.4what proof does the employer need to bring the accused to jailSee above. It does not work like this. One cannot "bring the accused to jail." The employer can either file a civil complaint for a civil judgment, or, a criminal complaint for a criminal case. 5how does she prove he is innocent if they really were stolen?This really depends on what kind of evidence she does or does not have. She is presumed innocent until proven guilty.I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.
I am being told so many different things.I need to know what suffices a evidence that she stole the cards.
As of right now, there are no records of the cards being paid for.
So technically, the cards could have came from anywhere, correct?
If she denies to show proof-because she has none, will this look incriminating?
Also, this may be a bit far stretched, but this is how I'm seeing it... The accused worked at the place of business from which the cards came from. She was employees there the time that the cards were "stolen". Because the cards were in her possession months after they were or were not "puchaced" that makes her guilty?
Additionally, she worked there when they became "stolen" the girls mother said her daughter gifted one of the cards to her.
Is this evidence enough to say she stole them?
Expert:  Ely replied 1 year ago.
Is this going to be a CRIMINAL COMPLAINT, or, a CIVIL COMPLAINT?
Customer: replied 1 year ago.
I do not know what the owner of the establishment will do. I'm mutual friends of both parties but I am trying to help the girl prove hat she is not guilty. The manager has threatened to "investigate" further. Being that we both worked at this company I'm not sure how they will investigate further.
Customer: replied 1 year ago.
What is the difference between the two?
Expert:  Ely replied 1 year ago.
A civil complaint leads to a lawsuit - Plaintiff v. Defendant, for money. Essentially, a LAWSUIT.
A is a criminal complaint to the police which leads to an investigation by the authorities and possibly the Defendant being charged with a criminal matter.
Which of the above are you asking about?
Customer: replied 1 year ago.
Could you please cover a little of both?
I do not know which way they are taking this. They did mention if there was no way to prove they were purchased then the cards needed to be paid for or they will investigate further. But that's all the information I am given
Expert:  Ely replied 1 year ago.
Okay, I will. Please give me a minute to type out your answers in regards ***** ***** latest questions.
Customer: replied 1 year ago.
Thank you very much
Expert:  Ely replied 1 year ago.
I need to know what suffices a evidence that she stole the cards.
CIVIL: The plaintiff (the employer) has to prove this by a preponderance of the evidence, which means 51% or over. There is no "specific" proof - it depends on all together what the employer can show: testimony, documents, etc.
CRIMINAL: The prosecutor to convict her beyond a reasonable doubt, which means 51% or over. There is no "specific" proof - it depends on all together what the prosecutor can show: testimony, documents, etc.
As of right now, there are no records of the cards being paid for.
So technically, the cards could have came from anywhere, correct?

Correct. She can try arguing this in defense.
If she denies to show proof-because she has none, will this look incriminating?
Possibly. For criminal, let me explain how this works:
1) a police complaint is filed;
2) the police investigate by questioning all parties involved and reviewing the evidence;
3) they pass on the information to the prosecutor;
4) the prosecutor makes a decision whether to charge or not.
Also, this may be a bit far stretched, but this is how I'm seeing it... The accused worked at the place of business from which the cards came from. She was employees there the time that the cards were "stolen". Because the cards were in her possession months after they were or were not "puchaced" that makes her guilty?
It does not "make" her guilty. There is no such thing as "being made" guilty. The Court decides in the end based on ALL THE EVIDENCE AVAILABLE to it.
Additionally, she worked there when they became "stolen" the girls mother said her daughter gifted one of the cards to her.
Is this evidence enough to say she stole them?

See previous answer.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.