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  1. #1
    Join Date
    Apr 2011
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    4

    Default Internal Theft by Contractor for an Outside Company

    My question involves criminal law for the state of: Michigan.

    I'm a maintenance worker contracted by an outside company to do janitorial work for the local kmart.

    Well, I'm sure you can see where this is going. I stole from Kmart. I know, stupid mistake.

    I took $20 worth of merchandise and was caught. I signed an admission of guilt and was told that I would be banned from all kmart stores. You know, the basic "you stole, we caught you, heres what happens" song and dance.

    Called my boss and talked about it with him, we talked about how I would be leaving, and sorted through the dirty details.

    I received a text later from him saying that kmart had filed a police report. So now I have a couple of questions.

    1. Does this mean it goes on my record? Police were not involved when the incident was handled, but a report was filed after I had left.

    2. I cooperated fully, and LP said it goes down better with police if they're involved. How much better, on average, if anyone is in LP?

    3. I had a background check for a new job go through a couple of days ago, will my potential new employers be notified of the change in my criminal history, if there is one?

    4. What are my chances of being called to court?

    5. What are my chances of being arrested?

    6. Will everything go easier on me since I admitted it, and I am a first time offender?

    7. If this does go on my record, is there any way to get it revoked?

    Thank you for your time and patience.

  2. #2
    Join Date
    Jul 2010
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    7,941

    Default Re: Internal Theft of $20 - Contracted by Outside Company

    Quote Quoting badjanitor
    View Post
    1. Does this mean it goes on my record? Police were not involved when the incident was handled, but a report was filed after I had left.
    Yup.

    Quote Quoting badjanitor
    View Post
    2. I cooperated fully, and LP said it goes down better with police if they're involved. How much better, on average, if anyone is in LP?
    It varies by jurisdiction. In my experience, it hasn't made much of a difference. Just keeps the subject cooperative and calmer.

    Quote Quoting badjanitor
    View Post
    3. I had a background check for a new job go through a couple of days ago, will my potential new employers be notified of the change in my criminal history, if there is one?
    If your background check has already cleared, provided the employer doesn't run any supplemental checks in the future, they won't find out about it unless you tell them. If you knew you were being charged and failed to disclose it, if asked on the app, and they find out later they could term you for falsifying your application.

    Quote Quoting badjanitor
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    4. What are my chances of being called to court?
    If the police are involved, they have evidence and a confession: pretty much 100%.

    Quote Quoting badjanitor
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    5. What are my chances of being arrested?
    See above.

    Quote Quoting badjanitor
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    6. Will everything go easier on me since I admitted it, and I am a first time offender?
    First time offender may help. Admission actually just makes the prosecution's case easier. Whether they chose to cut you a break for cooperating is anyone's guess.

    Quote Quoting badjanitor
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    7. If this does go on my record, is there any way to get it revoked?
    Google michigan expunge and you can find out.

  3. #3
    Join Date
    Apr 2011
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    4

    Default Re: Internal Theft of $20 - Contracted by Outside Company

    What are the chances of police actually coming out and arresting me?

  4. #4
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    Jul 2010
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    7,941

    Default Re: Internal Theft of $20 - Contracted by Outside Company

    Impossible to say. You could just get a call from them to come surrender yourself. They could come to any location you are known to frequent (home,work,etc) and arrest you. The warrant may just go into the system until it is served by an officer or you get picked up due to some other interaction with law enforcement like a traffic stop.

  5. #5
    Join Date
    Apr 2011
    Posts
    4

    Default Re: Internal Theft of $20 - Contracted by Outside Company

    Well, thanks for the reply. I'm getting into contact with a defense attorney at the moment, so we'll see how that goes.

  6. #6
    Join Date
    Apr 2011
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    4

    Default Re: Internal Theft of $20 - Contracted by Outside Company

    Just an update for anyone wondering how this turned out.

    I called the LP office and talked to the person who caught me about what happened and what was planning on being done. They said they had filed a police report and were waiting to decide if they should charge me or not. I told them I wouldn't blame them if they did, and that I was going to be mature about it and accept responsibility. He thanked me for my maturity and said I would be notified if there were any changes to the case.

    I got my CD letter in the mail for $200, paid it the day I got it. I then went down to the local courthouse to find out if I was ever charged. The DA informed me the case had been dropped on the side of the prosecutor(the state didn't drop it, Kmart requested it and it was dropped) and told me I should thank my lucky stars to whoever got it dropped. I called LP back up, asked them about it, and it was confirmed with a stern "don't do it again" from them.

    I asked them if I was allowed back since I was mature about it, LP said "Given the circumstances and your level of maturity, I will allow you to shop here again. Everyone makes mistakes, just learn not to make them again." I went there, bought a thank you card and a pen, signed it, and gave it to them right there. I then promptly left with no intentions of returning ever again.

    TL;DR Paid my CD, charges got dropped, ban from Kmart got lifted, all because I was mature about it.

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