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  1. #1
    Join Date
    Aug 2010
    Posts
    1

    Default Theft by Taking Tools from Employer

    My question involves criminal law for the state of: Georgia

    My husband is a mechanic, and changed positions back in February of this year. The job wasn't a good fit, and my husband found a new job, put in a notice, and quit back in May. Just this week, an officer visited my husband's current job and questioned him about a tool that he owns. It turns out that the prior employer is saying that this tool belongs to him, and that my husband took it when he left. The officer stated that he really didn't see any grounds for a warrant, and that it was just a case of "he said, she said", etc.

    We found out today that there has been a warrant issued for Theft By Taking. My husband bought the tool used about a year ago from a co-worker who has since passed away (which does admittedly sound very fishy). I remember when he bought it (well before he went to work with for this man), because I got a little mad at him for spending the money (they are about $350 new, he paid $100 used). A former co-worker for this boss also said he will go to court if we need him to because he remembers my husband having one just after he went to work at this place.

    My question revolves around how the prosecutor could possibly prove one way or another who this tool belongs to, and if this will even go to trial, etc. My husband went back to school last year to finish his degree so that he can go to work teaching auto shop in the local school system, and any charge like this would most certainly disqualify him. This situation is really quite ridiculous because my husband really isn't guilty. We make decent money (I am a teacher), and he spends about 3,000-5,000 per year on tools and has since the day I met him 17 years ago. We actually discovered that we still had this ex-boss's (extremely) expensive software at our house a week after my husband resigned, and made sure to get it back to him within a day of realizing it was sitting on my desk. Why would we return $5,000 worth of software without being asked and not return a tool that can be bought used for $100? My husband has even offered to take a lie detector test, although I think that's pretty much just what you see on tv. We have ex-employers, co-workers, and tool dealers that my husband has dealt with over the years saying they are willing to write character references, etc., but I am thinking that those wouldn't really do much for the case.

    What are our options, and how should we approach this? We will obviously be trying to hire a lawyer if this really does proceed, because we can't afford not to. My husband will be turning himself in on Monday. I appreciate any advice. Also, he has never been in any legal trouble other than a speeding ticket.

    Stephanie

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Theft by Taking Tools from Employer

    Unlike your husband, a business will have records of its expenditures. It may well have a receipt showing that it purchased an identical item or, if the item has a serial number, may even be able to establish ownership of the specific item.

    The deceased co-worker? He may have been selling an item he owed, but perhaps he was turning a quick profit by 'selling' one of his employer's tools to a coworker.

    Your husband should not take a polygraph without first consulting a criminal defense lawyer. Polygraph exams given by the police are administered for the purpose of obtaining confessions, and the results can be very subjective. If the examiner says your husband "failed", he is not likely to have any luck convincing a prosecutor that he isn't guilty. Also, it's not unheard of for the police to say "You failed," just to see if they can rattle you into confessing, even when the results show a "pass" or are indeterminate.

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