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I was working for a company doing loss prevention, I stole some merchandise and they caught me, they questioned me and showed me photos of the items that I took, and made me agree to a price of what the merchandise was worth. Then they wanted me to write a letter stating that I did steal the stuff and that the total that we both agreed to was 830.00. They knew about this for at least a few weeks, but never did anything. Is there anyway that I can get them for entrapment? I know what I did was wrong and will pay for the amount that we agreed to pay but when does something like this cross the line of entrapment?
State/Country of Question: New Jersey Already Tried: NOTHING,this happened last night, they told me that the manager would be going down to the station to put a charge aganist me in.
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What state did this happen in?
Did you sign the agreement?
Thanks
New jersey, and no I did not sign the paper that they wanted me to fill out, but I did sign off on the amount. when they first started to question me they said that they had me taking 15,000.00 worth of merchandise. the total that we came up with after i had the pictures was only 830.00
Thanks for the information.
First, entrapment is not available for you to use as a defense. In New Jersey, entrapment is defined as:
2C:2-12. Entrapment
a. A public law enforcement official or a person engaged in cooperation with such an official or one acting as an agent of a public law enforcement official perpetrates an entrapment if for the purpose of obtaining evidence of the commission of an offense, he induces or encourages and, as a direct result, causes another person to engage in conduct constituting such offense by either: (1) Making knowingly false representations designed to induce the belief that such conduct is not prohibited; or (2) Employing methods of persuasion or inducement which create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it.
This was not done in your case. You knew the theft was wrong. You were not held against your will. You admitted the theft, and agreed upon amount owed. That is not entrapment.
Your employer can terminate you, file criminal charges against you and is entitled to restitution for the amount of money/goods taken. Under New Jersey law, the value of good/money taken in your case can be considered Grand Theft. Below is a definition of the crime and the maximum penalties.
Grand Theft is committed when the money, labor, real or personal property take is valued at more than $400 . Grand Theft can be charged as a misdemeanor or felony and is punishable by up to one year in county jail or 16 months in state prison.
In the meantime, if you think that your employer is going to file criminal charges against you, you really need to contact an attorney who specializes in criminal law. You can contact your local bar association for a referral. It will probably give you 2 or 3 names. You can contact the attorney(s) for a telephone consultation, or ask to set up an appointment to discuss the specific facts of your case. Sometimes, these consultations are free.
An attorney may assist you if you are charged, with trying to negotiate a plea bargain resulting in a lesser offense. In any case, it won't hurt to speak to an attorney about the facts of your case.
Legal Disclaimer: The answer provided herein is for informational purposes only and should not be considered legal advice. No claim is made that I am licensed to practice law in the state or jurisdiction where this information is being provided and you should always seek legal counsel admitted to practice in your local jurisdiction for representation and advice on any legal matter.
they told me that this would be a mistimedor and that i would only hav to pay for restitution and whatever the court costs are. if this is my first offense do you think that i would still have to go to jail??
Hi-
Most likely, you will have to pay restitution in the amount that you agreed to--$850.00, AND whatever the court fines and costs are.
If this is your first offense, you may be eligible for a "pre trial diversion." A pretrial diversion is defined as:
A pretrial intervention, is defined as a dispositional approach that has the following elements:
1) It offers persons charged with criminal offenses alternatives to traditional criminal court proceedings;
2) It permits participation by the accused on a voluntary basis;
3) It occurs no sooner than the filing of formal charges and no later than a final adjudication of guilt; and
4) It results in dismissal of charges, or its equivalent, if the divertee successfully completes the diversion process.
Generally, the diversion process works in the following way. Eligible defendants will apply for admission into pretrial diversion. They will be screened by a pretrial diversion program and a decision made by either the prosecutor or the court to accept or deny the application. If accepted, participants enter into an agreement, usually with the prosecutor but in some jurisdictions with the court, to abide by certain terms, such as attendance at counseling, community service, or restitution to victims. Their criminal case is held in abeyance while they are in the diversion program. If they abide by the terms within the diversionary period the charge is dismissed. If they fail to do so, the diversion is terminated, and their case is reinstated to the court docket for prosecution.
So, an attorney may be able to help you get into a diversion program, and ultimately have the charges dismissed if you abide by all the terms of the program--including paying restitution and court fines/costs.
Attorney
20+ yrs in criminal, landlord/tenant, family, & small claims