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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19771
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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I am a manager at a retail store and had a customer leave s

Customer Question

I am a manager at a retail store and had a customer leave his wallet at the front register. When he returned 4 hours later he claims $1100 is missing from the wallet! I have video proof that my cashier didn't take the money and I have video proof that I didn't take the money when I took the wallet to the office! He called the police and they came and talked to me and my cashier got our names ect watched video and I burned them a copy of the video! My only concern is that I don't have video of me walking from the register where he left the wallet back to the office where I took it bc we have no cameras there....I most certainly did NOT take his money but am scared bc I have no video proof of the 45-60ish second walk to the office with it. Can I seriously be charged for theft I didn't commit? The office didn't act like she believed I had done it but the accuser has been calling my store repeatedly about it and it makes me nervous!!!
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Marsha411JD replied 9 months ago.

Hello,

Thank you for the information and your question. Can someone be charged with a crime they didn't commit, yes, it happens sometimes, but the likelihood of a charge is low unless there is some other evidence to support the theft. In addition, just because someone is charged doesn't mean they will ever even get to trial let alone be convicted.

The State prosecutor would have to have enough evidence to prove a theft beyond a reasonable doubt. Very difficult burden to carry and, in this case, unless your employee says the $1100 was in the wallet when it was turned over to you, there is no evidence that the $1100 even existed in the wallet, let alone that you took it. So, based on what you shared, there is little chance that this will go forward. This assumes the facts you supplied and that there is no other evidence, as I discussed, and no reason not to believe you (for example, you have convictions for theft in the past or your employee says you took the wallet with the money in it. )

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 9 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 7th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.