Fraudulently Adding a Small Tip to a Credit Card Charge

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Quoting tonynewman

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whats really bad for your husband was the statement he made to the police about having done this 5 or 6 times, even though this is the first time he was caught, that statement is so damaging to his case, the judge will likely make an example out of him, as for the penalties I would guess anything from a fine, to prison if it goes badly, what he needs is a very good lawyer at once.

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Where would I find out the statement. My husband says he is sure that when he signed the report, that the officer reported the one incident and no others.

He did lose his job at the business (who wouldn't - it was stealing). His boss said that the business wouldn't take any action against him unless the customer sued the company.

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Quoting maidmarian4

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Where would I find out the statement. My husband says he is sure that when he signed the report, that the officer reported the one incident and no others.

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What the "office reports" is by and large meaningless. The prosecutor is free to do his own research as to the extent of your husbands turpitude.

im not sure, I guess in some states when you get served the papers for the court date it could be with those, other times you may need to request them,, but once you hire a lawyer he will get and look over all the evidence that they are going to use in court, statements, witnesses etc. its going to be on the cops statement that he writes up though.

after you get a lawyer he will explain the case that's against you after looking over everything, what you need to do is find a really good defense lawyer for a case like this one. that's what I would do, good luck

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Quoting flyingron

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What the "office reports" is by and large meaningless. The prosecutor is free to do his own research as to the extent of your husbands turpitude.

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1. Do prosecutors typically (by one's individual observations) do more research into a first offender with a class B misdemeanor charge?
2. So, when he goes to the prosecutor tomorrow, does he make sure to say that he is pleading not guilty and then requesting a PD?
3. What kind of questions or statements should he make to the prosecutor?
4. Is this when he'd ask for a diversion?

Thank you all for your advice.

They typically do research when they think there are more crimes that were committed and it is worth the interests of justice to pursue them.
He doesn't go to the prosecutor PERIOD in most places. He tells the judge his plea and that he needs a PD (if he is indigent rather than just being greedy).
He shouldn't make any statements to ANYONE without the benefit of counsel.

So does he ask the judge for a diversion?

Sorry if this is a basic question. I just don't know much about criminal charges and process. My husband keeps thinking that he just needs a PD, and will do that when he goes to court or talks to the prosecutor (unless I guess that's not normal?).

We make about 37k/year. How would I find out if he is indigent? Does that mean jobless entirely?

(AGAIN - I really appreciate your suggestions!)

At $37K for a family of two, you will not qualify apparently (unless you've got 3 kids). Utah requires no more than 150% of the federal poverty guideline level which is down around $28,000 for 2.

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Quoting flyingron

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At $37K for a family of two, you will not qualify apparently (unless you've got 3 kids). Utah requires no more than 150% of the federal poverty guideline level which is down around $28,000 for 2.

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We have 4 kids (under 12 years old). So, I wonder if we would qualify? Also, my husband says that he actually makes about 38k.

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Quoting maidmarian4

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We have 4 kids (under 12 years old). So, I wonder if we would qualify? Also, my husband says that he actually makes about 38k.

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I thought he was fired? If so, his current income is $0.

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Quoting maidmarian4

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Where would I find out the statement. My husband says he is sure that when he signed the report, that the officer reported the one incident and no others.

He did lose his job at the business (who wouldn't - it was stealing). His boss said that the business wouldn't take any action against him unless the customer sued the company.

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I can guarantee you that your husband's statement is recorded in the officer's memo book.

If called upon to testify, he will refer to that memo book.