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RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 41048
Experience:  licensed attorney in criminjal law for 30 years
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I am caught not paying for my lunch at work. And now work

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JA: Hi. How can we help?
Customer: I am caught not paying for my lunch at work. And now work the manager and security wants to have a sit down with me today. What should I do
JA: In what state did this occur?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: I am so scare . please help me No I have not I just got caught yesterday But they are officially talking to me today
JA: Anything else you want the lawyer to know before I connect you?
Customer: I wants to know what I should do in this meeting

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Customer: replied 9 months ago.

This is a real tough situation.Normally I would tell you not to admit to anything or give any statement here.They might terminate you regardless of what you say and could use your statement to prosecute you.

As long as you feel you have to do this to try to save your job then do so.I sure wouldn't admit to anything.It is very possible they don't have enough to take action and are hoping you admit to it and use that to terminate you.I would claim ignorance, say you don't remember, you had a lot on your mind here, work, personal life. etc.

Admitting to it doesn't really protect you so to me claiming lack of recollection is the best you can do here.You have the option to quit if you think they are going to terminate you anyway.At least that way it would be hard for them to prosecute since you haven't said anything.

Overall it has been my experience that they are likely to terminate you for theft so you may decide to resign here in lieu of getting fired.You are literally between a rock and a hard place.If you decide to be interviewed admit to nothing don't help them prosecute you and fire you.

As an employee at will here in California they can terminate you with or without cause. So knowing that you may decide that you do not want to be interviewed and stay silent here.

California petty theft is the unlawful taking of property that is valued at nine hundred fifty dollars ($950) or less, under Penal Code 484(a) & 488 PC.1

The majority of petty theft cases arise when someone simply physically takes property that belongs to someone else. This is known as "theft by larceny.

Customer: replied 9 months ago.
I don't believed I steal that much foods. But yesterday head of security have told me they have me on camera notnpaying for lunch many do I avoid incriminate myself
Customer: replied 9 months ago.
At this point I don't care if I get let go. I just don't want my colleagues to know. I am embarrassed about being escort out of office

Decline to be interviewed.If you admit to it here they can fire you and prosecute.Consider quitting without giving statements.

If petty theft with a prior is charged as a misdemeanor, the maximum county jail term increases from six (6) months (for regular petty theft) to one (1) year (for petty theft with a prior

If they add this up to more than $950 it will be a higher penalty.

Again I would certainly consider just quitting telling them you found another job.That lets you leave quickly without admitting anything.

I wish you the best here.It happens.You can move on here let it go.

And often they don't have the evidence they claim no if you quit they likely let it go here.The security video is usually recorded over after say a week here.Don't tell them anything thats your right here, 5th amendment.

Thanks again.If you ca positive rate it is greatly appreciated.

Customer: replied 9 months ago.
But I have agree to meet up with them today. I am also worry about they pressing charge. I still have personal things at work. If I quit i still have to go into the office

You can ask for your things back here and decline to be interviewed all they can do is terminate.

Here are Petty Theft Crimes they could try to charge you with.

Talking to these guys is not a good idea.

Thanks again for the chance to help.I will say a little prayer for you here


Customer: replied 9 months ago.
Thank you Ray. One last question. If I quit what can they still do to me in term of legal?

They could try to prosecute but usually this just goes away.Often they are trying to get you to confess to multiple things, here you can quit and tell them you want your stuff.And you are entitled to it.Don't give them anything else say as little as possible.Tell them you got a new job and aren't allowed to talk about it.

Thanks and the best here.

Customer: replied 9 months ago.
I am planning to go in grab my personal stuff then leave everything in my cube go home send a resignation letter and not talk at all. Do you think that is best?

Yes absolutely.

Customer: replied 9 months ago.
If they are planning to press charges anyway. How long before I know that ? Or how long before i know it is all over?

Hard to say there, if you are contacted by law enforcement here after interview then decline to be interviewed there too.If you haven't heard anything in a month you are probably good here.

Customer: replied 9 months ago.
Hi Ray. I follow your advice and doesn't show up to the meeting. They call me to ask where I am. I say I can't make it because I have family emergency. But now my coworkers texted me to asks what happen because they say I don't work there anymore. I planned to send an email to resign for personal reason but now don't know if I should still do it. What should I do?

Send the email telling them you quit and where to send your last check here and also about picking up your stuff.Thats the best you can do this sounds like a set up they were trying to get you to admit things, no sense doing that.

Customer: replied 9 months ago.
Hi Ray. I just got a voicemail from a police officer say they are pursing this. But they are giving me chance to not have it press charge and a record if I agree to pay $50for the foods. They also have video and 2 witnesses. Should I believed them and pay to get it over with or should I get a lawyer?

I think you are going to need a lawyer.I would call them back once you have a lawyer and give the police the lawyers name.Clearly they were trying to set you up here.It is important to you because you want to avoid having this on your record.

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