Internal Theft

My question involves criminal law for the state of: Nevada

First and foremost, I would like to say that I am truly and deeply remorseful for what I have done. Not only did it cost me a job that I enjoyed a lot but it also brought on feelings of failure and embarrassment. I do not wish to experience these feelings again and I don't want to let anyone down again. :wallbang:

I worked for a retail company for about two years. When I first started, I made the stupid decision to take merchandise that amounted to about $16.15. Just recently the company held LP interviews. I was brought in and confessed to taking the item. LP had me write and sign a statement stating what I had taken and how much damage it cost the company. I also signed another document stating that I'd pay the company back. I've already sent payment in the mail, fulfilling that promissory note. I was also told that I'd be put into a Theft database for 7 years. There wasn't any police involvement at the time and I was asked to leave on suspension. I am now terminated as of yesterday.

I've read countless threads on this and other forums. Expecting the worse, I am most likely going to be charged with theft and have to pay a civil fee with jail time. I haven't received anything in the mail yet about appearing in court. Should I consult a criminal lawyer now or should I wait to plea not guilty and hope for a public defender? I would like to ask for diversion if it's possible in my state. I don't know if I'm jumping the gun or if I'm taking the right process. I'd like to get another job to help pay for the fees but I'm not sure what to put on applications yet for the question about being charged. I'm afraid my fate has been sealed. :(

*Other key info: This is my first offense. The managerial staff and I are on good terms and see me as making a stupid mistake. I'm even able to use them as personal references.

I hope this is enough info for any advice. Anything helpful (or mean) will be greatly appreciated.

p.s. Is there a relationship with this forum and freeadvice? I recognize a few SNs I've come across in my readings.

I would not use them as references if I were you...even if they volunteer to be one........ (I speak from experience working at a law clinic phoning references)

You should at least get a letter with a court date to consider hiring an attorney, in many cases, the offender is not prosecuted criminally.

Hello again. It's been a couple of days since my initial post so I was wondering if anyone can give me some insight or advice? I haven't received any papers in the mail yet. The person I sent payment to is part of a law corporation in California. When I called today to ask if my payment was received, I was told that my case had not been processed yet so I am almost certain I will be going to court. Am I acting too hastily if I contact a criminal attorney now? I read that nothing can be done if I don't have a court case yet. I'll continue to wait and see what happens.

If there is anyone that can help me, it would be greatly appreciated. I understand the severity of my crime and the reality of the punishment. Even though I'm trying to keep a calm composure on the internet, I am scared to death.

When an employer tells you they're not involving the police, and doesn't call the police out to the store, the odds are that they're telling you the truth. What did they say about charges?

Hello Mr. K. Thank you for the response.

Well, the only person that I talked to was an LP investigator. Another person was present and that was the DM. LP didn't mention anything about being charged. I simply told him what I have done. After I signed a confession and a promissory note I was just told I was put on suspension and to clock out right away. He said I'd be contacted within a few days but the only thing I have received so far is a termination letter. I have a copy of the promissory note and it says that even though I agreed to pay back the company, it doesn't promise a pardon from criminal charges. He didn't say that he was going to press charges, but he also didn't say that he was NOT going to press charges. Would that be the decision of the higher-ups in corpo to make or is it discussed with the store managers I worked with? Sorry if this a question that cannot be answered.

The thing that concerns me is that my payment was sent to a law corporation (if I'm allowed to mention who it is, let me know), not the company. That in itself has me thinking that I will be brought to court because my case hasn't been processed yet.

This is all the information I have so far. My former store manager has been very helpful but since what happened in the investigation is confidential, there is only so much my manager can tell me due to lack of specifics. If there is anything I can clarify for you, I will try to answer them in a future post.

p.s. Can you only edit your post one time? The "edit post" button seems to only show up once the initial post is made. Anytime after that it doesn't show up.

Just a little update. I contacted the place I sent my payment to. Although it hasn't shown up on my account (I sent a check), they have confirmed that it has been received. The person I talked to let me know that it will be another week until my case is processed and I receive a case number. Then I will receive a letter in the mail for another balance. I'm assuming that will be some fees and the civil demand.

I'm a little confused between a civil case and a criminal case. Do you go to court for both? And can you have representation for both? If I am understanding correctly, for a civil case, I show up to court and pay fines/civil dmenad to my employer. For a criminal case, I go to court and plea either guilty or not guilty and receive a sentence?

*Another update:

I've yet to receive my civil demand although I have no doubt it will still come. I think that one of two things could be happening right now. I could either: A.) be lower on their priority list so it may take some time (I've read that some demands arrive almost a year later) or B.) have more evidence being gathered against me so I become a higher priority. Both still not good places to be in.

Now I'm not saying that all companies handle loss prevention like this, others may be more aggressive and ALWAYS prosecute no matter the dollar amount. I'm just documenting my experience so others in a similar predicament have an idea of what may come so please don't take what I'm saying as gospel as things are handled differently from state to state and company to company.

Well, the two month mark is slowly approaching. I still haven't received a civil demand. In a previous post I mentioned that I got in contact with the law firm that the LP uses and they have received restitution in the amount of the item that was stolen and was told that it would be a week until I receive my civil demand.

Do personal checks expire? That was the method of payment I used and nothing has showed up on my bank statement yet.

Should I contact the law office again to see what's going on with my case? I gave my correct address AND I was an employee of the place I stole from so I don't think there should be any discrepancies with mailing it to a wrong address.

I don't want to risk being one of those "failure to pay" people but at the same time I don't want to "rekindle the fire" and risk being hit harder for pressing on them.

*Another update:

Two months after the incident and my bank statement is showing that my check finally went through. Now I'm hoping that the civil demand letter doesn't take too long to come. I know that it's always possible up to a year or two for a store to follow with criminal charges, but in your experiences/opinions what is the likelihood of me receiving the civil demand accompanied by a ticket to appear in court?

Hi, I really think you are over re acting from What I read. You have very little to almost nothing to worry about. You would have gotten a demand letter for more money by now. Also civil cases win if you have one. It wouldn't be for that much if it even happens. Wait till you have been charged or indighted to freak out. Hope this helps. And if you do still get a lawyer, I wouldn't use the same one for both. They are like a carpenter and a concrete guy. Both construction but different trades.