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Beginning of January 2013 I was fired here in Iowa and told

I was being fired for...
Beginning of January 2013 I was fired here in Iowa and told I was being fired for theft of 31 new batteries, I never admitted to it, I only stated I recycled used batteries with the permission of the customer, {waste material} My manager called the police and gave false hand written inventory counts NOT the company approved inventory count sheets and downright lied about the theft. My manager this past summer I filed a formal complaint with home office for Medicare and Medicaid compliance violations. I filed for unemployment, at the fact finding phone interview my ex-employer did not participate in it and I was granted unemployment, they appealed it, the phone hearing for the appeal was going to be at the beginning of March with a ADJ proceeding over it. I got a packet of documents that my ex-employer was going to use in the appeal hearing, I had requested subpoena’s for 22 company documents with 5 employees for witness’s. 4 days ago the ADJ called me requesting a postponement because my ex-employer would need time to get the documents, then 2 days ago the ADJ called me and informed me my ex-employer has withdrawn their appeal and that the first decision would stand that there was no misconduct. My question is then since an ADJ determined there was no misconduct, IE “theft”, am I able to use that and present to the DA to dismiss the theft charge with prejudice.
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Answered in 3 minutes by:
3/8/2013
xavierjd
xavierjd, Attorney
Category: Legal
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Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
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Thanks for using JustAnswer.com It will be my pleasure to assist you today.

What is the value of the "theft" that you were accused of?

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Customer reply replied 4 years ago


2nd degree of $1113.00

Hi,

The ADJ hearing is a "civil" matter. The 2nd degree theft is a "criminal matter." The burden of proof is MUCH HIGHER in a criminal matter. The prosecutor must prove EACH and EVERY element of the crime beyond a reasonable doubt in order to convict you of the crime.

The fact that the appeal was dismissed by your employer and that the ADJ's finding of "no misconduct" can only help you. If you have already been charged, you may wish to disclose the finding of "no misconduct" to the prosecutor and ask that the charges be dismissed. But, remember, that the "no misconduct" finding was in the civil arena. The criminal matter is different.

Iowa law considers second-degree theft a Class D felony, which carries a prison term up to five years and a minimum fine of $750, with a possible fine up to $7,500. You can face conviction of second-degree theft if the value of stolen goods is over $1,000 and but not more than $10,000, or if you steal any vehicle valued at $10,000 or less.
Therefore, you may wish to contact an attorney who specializes in criminal law. Sometimes, an initial consultation is free. You can discuss the specific facts of your case, evaluate your options and decide how to proceed. If you are convicted of a "theft crime," it can make finding a job difficult. An attorney can assist you "pre charge" (if you haven't been charged yet) and if you have already been charged. It may be possible to get the charges dismissed or reduced if your attorney can work out a plea bargain with the prosecutor.

Below please find a link to the Iowa Bar Association attorney referral page.

http://www.iabar.net/AttorneyOnLine.nsf/srch?OpenForm


Again, the finding of "no misconduct" can only be helpful. But, unfortunately, the prosecutor can still proceed against you if s/he believes that s/he has enough evidence to prove you guilty of the 2nd degree theft BEYOND A REASONABLE DOUBT. That is a VERY high burden. The prosecutor must prove EACH AND EVERY element of the crime BEYOND A REASONABLE DOUBT. That is why you should speak to a criminal law attorney.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
xavierjd
xavierjd, Attorney
Category: Legal
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Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
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Customer reply replied 4 years ago


Thank you very much for the information and the speed in which you answered my question. :)

Hi,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd
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