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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118753
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I live in Texas.I was a network engineer company. On the

Customer Question

Hi My name is ***** ***** I live in Texas.I was a network engineer for a company. On the side, I also rebuilt network equipment and then sold the network equipment as well. I ordered 10 replacement devices for our equipment due to some power issues onsite and when they arrived, I mistaking sold them with some of my other equipment. I then, contacted the vendor and let them know that I needed to replace the equipment. I have sent back 9 out of 10 of the devices recently. I was then fired on last friday for theft. After I replaced them to clear up what I had done. If the Vendor is satisfied that I replaced the equipment and there are no monies due to anyone, can I still get prosecuted? I did communicate with the Vendor that there was a mistake back in May before I went on FMLA. When I returned, I sent off the equipment as agreed. They show that they've received the equipment, but my old job is investigating me to press charges. (1) can they still charge me after no monies or property was l
Submitted: 2 years ago.
Category: Criminal Law
Customer: replied 2 years ago.
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Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In order to charge you and convict you of theft, they have to prove an intent to permanently deprive. If you took actions on your own to correct this matter that is evidence that it was indeed a mistake and there was no intent necessary to permanently deprive them of the equipment or money. If they cannot prove beyond a reasonable doubt that you engaged in this with the intent to permanently deprive them of the property/money, then they could not convict you.

If everything was put back right and the equipment returned or paid for, then there is no damage to the employer for theft.