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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20357
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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This question is in regards ***** ***** having this happen at work

Customer Question

This question is in regards ***** ***** having this happen at work today. From doing some basic research off of the Colorado State government website and the immediate areas seems to apply to Theft under 18-4-401 (2) (c) & 18-4-401 (4) as the initial point that seems to be the immediate issue.
I work at a comic/card game store that is owned by one owner. The owner and I are the only ones that are working at the store.
Today I was told that the owner is confident that there are comics that value wise between approx $2,200 and $6,000. There is an unknown number of higher value comics, some approx. $40 and some individual comics up to approx. $700, that are not able to be accounted for though register receipts. The main time frame that this is all happening is from around the days before May 25, 2015 till today (June 16).
I have used a company computer that I use when he is not there. The owner has his own separate computer he uses. The computer that I used shows browser history of me looking up some of the key issues on comics that have gone missing. There is multiple times of searches though the almost month long search that this has happened which I can not answer all of them as to what happened on days that I did these that is to his satisfaction and sent me home and told me to think about what happened or how to say what has happened. Earlier in the day he has mentioned that further action may need to be taken including polygraph, reporting this to the insurance company, and the sheriff/police.
My main question right now is what is the steps that I can do as nothing has happened other than this but seems to be a situation that could easily escalate. He has said he does not want to bring it farther but being how it is right now, I do not know what to do to both protect me and protect the store all at the same time, if it is possible to do both.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 2 years ago.
Thank you for the information and your question. At this point, you really shouldn't worry about the store's interests since that is not your concern if you are going to be accused of this alleged theft. As for your interests, you just need to keep in mind, from a criminal standpoint, you don't have to disprove that you took these items, the State would have to prove that you did. They will need more than just some search records on a computer to convict you of theft.
Therefore, the best thing for your at this point you will want to refrain from making any statements about these alleged thefts and just sit down by yourself and think of what might have happened to these items and when you worked and didn't during the time period that they went missing. Certainly, if your boss does call the police and they try to question you, then you should contact a local criminal defense attorney and decline an "interview" unless and until your attorney suggests you speak to the police (which they aren't likely to.)
Please feel free to ask follow up questions if you have them.
Expert:  Marsha411JD replied 2 years 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 17th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) 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.
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:
Thank you.