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I am being charged with larceny for switching price tags on…

Customer Question
Good Morning, I am...

Good Morning, I am being charged with larceny for switching price tags on two similar pair of shoes. I did not exit the property with the items however they are saying as soon as I paid for them, that is when the theft occurred.

Lawyer's Assistant: Are you overseas or stateside?

Stateside, California

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Yes I was taken back to the ship after the incident

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am a frocked E-5, however if i go to NJP which im pretty sure that i am, i will get busted down two ranks to E-3

Submitted: 4 months ago.Category: Military Law
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Answered in 38 minutes by:
12/28/2017
Military Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Military Law
Satisfied Customers: 124,359
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

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Customer reply replied 4 months ago
im facing charges of article 121 of the UCMJ and most likely if i go up i will busted down from a Frocked E-5 to an E-3. is there anyway i can drop the charges with the store by paying for the items full price and the 200 dollar restitution fees?
Military Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

You cannot contact the store, that could be deemed intimidation of witnesses for you to do so. However, your attorney can make a deal with the store for them to dismiss charges and not prosecute in exchange for you paying them for their damages. Most times these stores do not want their employees to show up in court and waste work time, so yes, your attorney could negotiate such a deal. If you contact them, they will report it to the DA and you could be facing another charge, so use your attorney to make such a deal.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
how would contacting the store to pay the fine be another charge?
Military Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

As the defendant, the store is the victim, if the defendant contacts the victim (the store) you are intimidating or tampering with a witness/victim in your case. Your attorney on the other hand has a right to represent you and as part of that right your attorney CAN contact the victim and witness and discuss the case with them.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 124,359
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Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

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