Re: Employee Retail Theft
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We are looking for advice as to how to proceed or should we just sit on our hands and wait?
is there some reason you don't trust your attorney?
many, if not most states have up to 1 year to file misdemeanor charges. Felony charges (which it sounds like your son could face) often have longer; several years is not uncommon.
So, you could stir the bees nest but even then you might not get an answer. Other than that, nothing to do but sit and wait.
Re: Employee Retail Theft
Just sit on your hands, wait and stop shaking the tree. Your son can get a job, he doesn't have a criminal record at this moment. When applying for a new job leave out the part that he worked for Target so the new employer will not contact them and then you can make up a reason for the gap in employment.
When he gets another job and if he gets the letter from the police or Target there is nothing the new employer can do.
Re: Employee Retail Theft
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Quoting
Who'sThatGuy
When he gets another job and if he gets the letter from the police or Target there is nothing the new employer can do.
well, they can fire him if they want to.
Re: Employee Retail Theft
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Quoting
jk
well, they can fire him if they want to.
Yes they can, but there would be no need to because they would have already conducted there background check and nothing came up. I don't know of any employers that require annual background checks besides someone like USPS.
Re: Employee Retail Theft
JK, thanks for the prompt response. Having no experience with theft and police and legal prosecutions, we are confused as to why justice is not swift with this matter. Naturally, we are much more attuned right now to newspaper reports of crimes and it appears to us that people are arrested promptly and even sentenced within days or weeks of a crime. What is the purpose of waiting a year or more to pursue this within the legal system?
We do trust the attorney but he has not been able to answer the question as to why the store would not bill us promptly or by the time they said they would and why the State Police would not move quickly towards prosecution. And, if Target is not pressing charges, who is?
As for getting a job, Who's That Guy, having committed a crime, my son is very cautious now about doing the right thing from here on out. We were going to proceed with omitting the Target job from his resume, but then, if his arrest and hearing or trial hits the newspaper, what are his chances of keeping that new job?
We do know enough not to pursue any job in retail as there is a central database of retail 'criminals' for HR people to check during the hiring process.
Also, I did not note that my son is 25 and therefore an adult and while this is a first offense, the actions pertaining to juvenile acts do not apply here obviously.
Re: Employee Retail Theft
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=djm20;435161]JK, thanks for the prompt response. Having no experience with theft and police and legal prosecutions, we are confused as to why justice is not swift with this matter. Naturally, we are much more attuned right now to newspaper reports of crimes and it appears to us that people are arrested promptly and even sentenced within days or weeks of a crime. What is the purpose of waiting a year or more to pursue this within the legal system?
We do trust the attorney but he has not been able to answer the question as to why the store would not bill us promptly or by the time they said they would and why the State Police would not move quickly towards prosecution. And, if Target is not pressing charges, who is?
the state presses charges. The victim files a report of theft. If the victim is not wanting to see a person charged, often that is what happens but ultimately it is up to the DA to determine.
why the delay:
because they have more important crimes to investigate
because they are investigating your son (researching his eBay history)
because they are not going to prosecute
It could be any of the above or a dozen other reasons. There is really no way to tell without actually asking them and that is not the best idea.
why the store has not billed you:
because they are just slow to process this type of thing
because they decided they aren't going to
because they are working with the police to make a more accurate determination of the amount of theft and have not come to a conclusion yet
without asking, no way to really tell. If you ask, you may or may not get an accurate answer.
Re: Employee Retail Theft
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Quoting
djm20
As for getting a job, Who's That Guy, having committed a crime, my son is very cautious now about doing the right thing from here on out. We were going to proceed with omitting the Target job from his resume, but then, if his arrest and hearing or trial hits the newspaper, what are his chances of keeping that new job?
If he apply's for a job tomorrow and gets the job in a few days he hasn't lied on the application about ever getting convicted of a crime.
If Target presses charges in a week and your son is found guilty three weeks from now and has already been employed from his new employer there is nothing the employer can do because your son hasn't lied on his application
Make him get a job now, it looks better for him if he doe's have to face a judge in the future.
Re: Employee Retail Theft
JT - So if the store doesn't prosecute, the DA must make a decision? Is there politics involved? Hypothetically, if one knows the DA or knows someone who knows the DA, can one play politics with the matter? Not for a moment suggesting that we could or would, just curious as to how these things work.
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Quoting
Who'sThatGuy
If he apply's for a job tomorrow and gets the job in a few days he hasn't lied on the application about ever getting convicted of a crime.
If Target presses charges in a week and your son is found guilty three weeks from now and has already been employed from his new employer there is nothing the employer can do because your son hasn't lied on his application
Make him get a job now, it looks better for him if he doe's have to face a judge in the future.
Who's - That perspective makes sense. He is working at a temporary job that is going to end in a few weeks. I will encourage him to start looking and at least he will have that to reference should he get into a court situation.
Re: Employee Retail Theft
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Quoting
djm20
JT - So if the store doesn't prosecute, the DA must make a decision? Is there politics involved? Hypothetically, if one knows the DA or knows someone who knows the DA, can one play politics with the matter? Not for a moment suggesting that we could or would, just curious as to how these things work.
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of course there can be politics involved. It is seen very regularly when high profile people are not prosecuted or prosecuted as aggressively as some Joe Schmuck is for the exact same crime.
Do you think anybody that has shown the blatant disregard for the judicial system as Lindsey Lohan would be out running the streets? Being able to throw money for additionally added bail helps a lot as well. If she were a regular person, she would most likely have been sent to jail long ago.
That is one reason an attorney is important in so many situations. Not saying the DA is being improper in their actions but obviously they have a great amount of latitude in their actions and having an attorney that knows "the system" and how any actor within the system acts in certain circumstances can be very beneficial.
Re: Employee Retail Theft
Isn't it possible that he *may* have been entered into the National Retail Theft Database by Target at this point, also?
I would have him seeking work. When I had my case, the lawyer did advise (aside from bringing proof of paying the Civil Demand) that I also bring proof of seeking employment.
As for his resume: Oh boy. Damned if you do, damned if you don't....If he lists it, they can call Target and learn what happened. On the other hand, many applications want you to explain ALL gaps in employment.....and if he lies "Unemployed, looking for work" and the new employer finds out...
As someone stated, it may be taking a while to get charges filed because they may be checking into his Ebay account, which can take time. And may cross into Federal levels if he shipped stolen goods out of state.
Re: Employee Retail Theft
Further thoughts:
1) It is possible that the DA is 'building a case' in this matter. Only time will tell or perhaps further investigation. Could they get a warrant to search our house? Our son, 25, still lives at home.
2) The other alternative I thought of after reading the comments here, is that Target, the Police (and/or the DA) don't have enough evidence to follow through with an arrest and trial. The 'case' may not be air tight. As I think back, our son and his co-workers were called into the office one at a time and asked to explain what had happened and what they had taken. Everything was based on that and, as the Target people stated, 'all we want is our stuff back.' There are no witnesses, no digital video of them taking anything.
So perhaps the Police were there to provide the 'scare' element that was needed to ensure that the guys confessed and returned as much as possible? Nothing else is to be gained by prosecuting?
All of this is speculation - and wishful thinking - I know, but I don't have anything else to do at this point. Waiting is rough - again its been since April 2nd.
Re: Employee Retail Theft
And what makes you think that the lost prevention room isn't under constant video and audio recording?
Re: Employee Retail Theft
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Quoting
Who'sThatGuy
And what makes you think that the lost prevention room isn't under constant video and audio recording?
well, since it appears that Penn has one of the most restrictive laws concerning electronic surveillance laws in the country and it requires all party consent to do much of anything, I would hope the security guys would realize that them breaking the law in order to try to enforce the law is not a good idea.
Just one of the applicable laws:
§ 5703. Interception, disclosure or use of wire, electronic or oral communications
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Except as otherwise provided in this chapter, a person is guilty of a felony of the third degree if he:
(1) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic or oral communication;
(2) intentionally discloses or endeavors to disclose to any other person the contents of any wire, electronic or oral communication, or evidence derived therefrom, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication; or
(3) intentionally uses or endeavors to use the contents of any wire, electronic or oral communication, or evidence derived therefrom, knowing or having reason to know, that the information was obtained through the interception of a wire, electronic or oral communication.