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  1. #1
    Join Date
    May 2006
    Posts
    2

    Unhappy Charged with Commercial Burglary

    This is what happened:

    I got paid on Friday, I call one of my friends who used to work at Frys Electronics and asked him if there is a way that I can get a discount on a graphics card that I want to buy. He said that he can probably get me a better deal. He meets me at my house on the following Wednsday and we drive to Frys from there.

    He walks in and starts picking up the items he wants, then he goes and picks up the item that I want. I was shopping around for cheaper ones, but he insisted I get the one he picked up.. he said I should trust him that he will get me a better deal on it.

    We go up to the register, we are waiting in line; then he pulls out some kind of employees recept. He apperantly has doctorned a previous employee recipt that he got when he used to work there. He told me to take it and go up to the register and ask for bags, saying that I already paid for it. I refused to do that... and at the same time, I froze in my place. I was scared, I didint know if I should report it... or just stay there. So he does that, we walk out of the place.. and he gives me the graphics card. I should have never taken it.

    a couple of days later my friend calls me and asks me if he could use my unliminted American Express card so he can buy some things. I said "no, you cant" then he tells me that I can return them later, he just wants to see how they looked like on a recipt. I told him that no, there is no way I am letting him do that. He then gets angry with me and says "is this what I get for getting you a free graphics card"

    The following week I get a phone call from an officer saying if he could have a few words with me, saying that my friend has been very cooperative with them. I go down to the police station, the officer shows me some recipt, a different one than the one my friend used when he was with me. Apperantly the guy has been doing this for a while, and he went in a couple of more times after he went in with me. He asked me if I have seen this one before, I tell him that I have never seen this one.

    Then I go on to tell him that I have seen another one, and tell him the whole story from A to Z. Then he told me that my friend is saying that I printed the recipts... then he started asking me questions like "did he have the recipt when he came to your house?" and I said "I think he did" because I was being honest and wanted to cooperate as much as I can..

    then he asked me if I knew his plan and I willingly agreed to it, and I said yes.. .I thought he was talking about when we were at the register.. not before we went it..

    He even asked me when did I see the recipt, and I told him I did not see it until I was inside of Frys.

    Then he charges me with Commerical Burglary and Concpiracy and he sends me to jail. I was bailed out by my father, got a lawyer and now I have to go to court on the 27th of June. This is petty theft, not burglary, since I had no intent to steal anything from the store. All I wanted was a discount.

    I feel horrible and I am greatly depressed. I feel that my honesty and my cooperation with the police has got me wrong charges and I might go to jail for it. I am really worried.

    My lawyer talked to my friend and got a statment from him telling him that I had no part in planning it.

    How is the judge and the DA going to believe me. I am an honest man, and all I want is to lead an honest productive life. I feel I was set up and betrayed by the police.

    If anything, this has taught me to never cooperate with the poilice.

    Is there a way I can get my lawyer to tell someone that the police charged me with the wrong felony!!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,120

    Default Re: Charged with Commercial Burglary

    You state that you have a criminal defense lawyer. You need to work with your lawyr to try to convince the legal authorities that your friend's accusations are exaggerated, and that you had no role in your friend's criminal activities beyond the one incident.

    But let me understand this - your friend stole for you, you knew your friend stole, your friend rolled over on you and made false accusations against you to the police, the police questioned you about criminal activity in which you admit involvement, you admitted your involvement and... somehow this has become the fault of the police?

  3. #3
    Join Date
    May 2006
    Posts
    2

    Default Re: Charged with Commercial Burglary

    I admitted to walking out with him and then accepting the part that he stole.

    I did not admit to planning any of it, or knowing of any fake receipts until we got up to the register.

    but the police asked me (way after I had already established that I did not make, or see the receipt or pick up any of the parts at Fry's)

    "so you know of his plans, and you still went with it?"

    and I said "yes"

    I meant that I went with it by walking out with him and later accepting the part.. not planning the con.

    I admit that what I did was theft, but it is not burglary. Burglary is when you plan to steal something before you even walk into an establishment.

  4. #4
    Join Date
    Nov 2005
    Location
    Seattle, Wa.
    Posts
    529

    Default Re: Charged with Commercial Burglary

    It sounds like you misunderstood the officer's question and stuck your foot in it, let your lawyer clear that up and it will more than likely be reduced down.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,556

    Default Re: Charged with Commercial Burglary

    Quote Quoting Chris91311
    I admitted to walking out with him and then accepting the part that he stole.
    In my state that can be a felony ... receiving stolen property can land you in prison right along side your friend who stole it.

    Speak to your attorney.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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