Fraudulently Adding a Small Tip to a Credit Card Charge

My question involves criminal law for the state of: UTAH

I'm in shock - considering that my husband has no prior record other than one speeding ticket in the last year. This is his first and only criminal offense.

My husband (of 14 years and 4 wonderful children) delivers food for his second job. About 10 days ago, he stupidly/impulsively added a $3 tip to a credit card slip. The customer reported it to the police and the police came last night to the business find out who it was. My hubby confessed immediately and he said the officer was amazingly nice and forgiving, but he will have to go to a judge and see where it goes from there. He was cited with a Class B Misdemeanor. But, being that it's for a credit card, the officer speculated that there's a slight chance it would be a felony. This is his first and only offense. He was asked by the police and business owner if he had done this before, and he did admit that there had been about 5-6 total times he's added tips under $3 since he started work there in October last year. From what he understood, both the boss and police man said that unless they get disputed, he won't be charged for those.

Any suggestions (besides the obvious of being polite in church dress and manner to the judge)?
What consequences (monetary and community wise) are we most likely looking at my husband getting?

Thank you for your time.
Sincerely,
Marian

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Quoting maidmarian4

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This is his first and only criminal offense.

He was asked by the police and business owner if he had done this before, and he did admit that there had been about 5-6 total times he's added tips under $3 since he started work there in October last year.

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It's not his first offense. It's the first time he got caught.

Money is tight for most people these days; When I order a pizza, I expect to pay the amount that I'm signing for, not to have the delivery guy add the tip he feels justified in getting to it.

This IS theft, pure and simple, and as you noted, it involves a credit card, which would make it a felony.

You want some advice? What I hear from the tone of your post is that this "isn't such a big deal," and what he did "isn't that bad." Whether this is just you feeling this way, or you and he both feel that way, I can tell you this much: the prosecutor and certainly the judge don't want to see that attitude; it's called having no remorse, and trying to justify one's actions.

This IS a big deal. It is THEFT, and the worst kind of theft: from individuals who need their money to pay their own bills, send their own kids to preschool, and put gas in their cars so that THEY can get to work and make an HONEST living.

As for consequences, I don't live in Utah and I don't know the courts there, so I can't help with that. He will have a criminal record; that is about the only thing that is certain.

Cops are often friendly, especially when you make their jobs easy by confessing. He should not be duped into thinking this is helping him.
He needs to be talking to an attorney. Just putting on your sunday clothes and acting nice in court is not going to mitigate his criminal behavior.

I don't know the charge, but if they put together his repeated thefts it could be quite severe. In fact, they may hang identity fraud on him which is a felony at any monetary level.
You can bet this is going to cost him. He might even spend some time in jail. Probation is almost a given.

I bet it was a debt card, and that 3 bucks caused an overdraft charge/alert,, that's how the victim found out so soon, those overdraft charges are around 25bucks too

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Quoting maidmarian4

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My question involves criminal law for the state of: UTAH

I'm in shock - considering that my husband has no prior record other than one speeding ticket in the last year. This is his first and only criminal offense.

My husband (of 14 years and 4 wonderful children) delivers food for his second job. About 10 days ago, he stupidly/impulsively added a $3 tip to a credit card slip. The customer reported it to the police and the police came last night to the business find out who it was. My hubby confessed immediately and he said the officer was amazingly nice and forgiving, but he will have to go to a judge and see where it goes from there. He was cited with a Class B Misdemeanor. But, being that it's for a credit card, the officer speculated that there's a slight chance it would be a felony. This is his first and only offense. He was asked by the police and business owner if he had done this before, and he did admit that there had been about 5-6 total times he's added tips under $3 since he started work there in October last year. From what he understood, both the boss and police man said that unless they get disputed, he won't be charged for those.

Any suggestions (besides the obvious of being polite in church dress and manner to the judge)?
What consequences (monetary and community wise) are we most likely looking at my husband getting?

Thank you for your time.
Sincerely,
Marian

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Your attitude that this isn't a big deal is disgusting. I'm almost sure that if you were on the receiving end of such theft, you wouldn't be so blase'. $3 or $300, it wasn't his money to take. I don't see why this wouldn't be embezzlement either.

I'd also suspect that your husband's job prospects are going to become very slim, especially anything that involves a position of trust.

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Quoting maidmarian4

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What consequences (monetary and community wise) are we most likely looking at my husband getting?

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The Utah penalty for a Class B Misdemeanor is up to 6 months in jail and up to $1000 in fines plus surcharges.

If it turns out to be felony level, the lowest felony (Third Degree) is punishable by up to 5 years in prison and up to $5000 in fines plus surcharges.

Whether he gets the maximum depends on factors and circumstances that are impossible to predict.

As for community consequences, the case is public record so anybody can see it. If you are in a small town and it's a slow news day, his case could hit the newspapers. He could end up a pariah in the community.

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Quoting maidmarian4

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Any suggestions

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Yes.

Tell your husband to keep his mouth shut and hire a lawyer.

This is some serious s--t he's gotten himself into.

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Quoting tonynewman

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I bet it was a debt card, and that 3 bucks caused an overdraft charge/alert,, that's how the victim found out so soon, those overdraft charges are around 25bucks too

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Worse than that. They compound. So another bill was going through, now you have overdrafted - that can mean hundreds of dollars adding up fast, over an additional $3 added on by the pizza or Chinese delivery guy.

If that happened to me, I'd want his azz in jail.

adjusterjack,,, its a bit late for him to keep his mouth shut, he done told the cop he has done this 5 to 6 times,, so you know that will be used against him in court,, that's about the worst thing he could have told the cop. the judge will look at that statement and come down hard im betting.

Everyone always fixates on not talking to cops, which could be a good idea or not depending on the circumstances.

The better advice that I don't see nearly as often is "Don't break the law!"

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Quoting DeputyDog

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Everyone always fixates on not talking to cops, which could be a good idea or not depending on the circumstances.

The better advice that I don't see nearly as often is "Don't break the law!"

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its never a good idea to talk to the police under any circumstances, unless you are the one that called the police for some reason. even if you are completely innocent you should never talk to the police.