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  1. #1
    Join Date
    Nov 2014
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    4

    Default Employee Processed a False Payment to a Store Credit Card

    My question involves criminal law for the state of: California

    I worked as a cashier for a store that I have a credit card for, and about a month ago (10/12, I think) I made a false payment to my card for $250. A few days later I was called up to the office by an upper LP officer that does not work at that store. I wrote a confession stating exactly what happened and I signed a paper saying that will pay them back the $250 (by no set date). The store LP did not want to have any charges against me, but corporate had them call an officer to arrest me. The officer told me I was being charged with felony embezzlement and I had to be booked. I have a clean record and never been in trouble with the law, and he could tell I was scared: he was very compassionate (put the cuffs loose, helped me into the car, etc.). While in the cop car on the way to the jail he reduced it to a misdemeanor but I still spent about 5 hours a cell before being given a citation to appear in court 11/17. While in the cell, the officer who arrested me came over and read me my rights, but also had me give a recorded verbal confession.

    Because I have a clean record, am a full time student set to graduate in about 6 months, have already signed the contract to pay the store back, and have given the written and verbal confessions, will I be able to be put into the diversion program or anything that does not involve jail time? I've read a lot of places that because it's a first time offense I most likely won't get any time to serve, but I'm really scared about possible jail time. Also, could this possibly get reduced to petty theft? The officer that arrested me said that it could have been charged as that except (as I've read) this fits 2/3 of the criteria for embezzlement.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: No Jail Time, Right

    As of last Tuesday, these felonies have been reduced to misdemeanors. So, the fact that this appears to have constituted two or more felonies as of 11/14, these are now all misdemeanors as of 11/5 so jail time is unlikely.

  3. #3
    Join Date
    Nov 2014
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    4

    Default Re: No Jail Time, Right

    Well the officer that had taken me from the store had said it was a misdemeanor; it's also on the citation they gave me. It was also only one charge so I think I should be okay, right?

    Plus is there any chance it could get reduced to petty theft? Plus I have already signed a paper saying I'm going to pay the store back.

  4. #4
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    Sep 2005
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    California
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    Default Re: No Jail Time, Right

    Quote Quoting jessicabee
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    Well the officer that had taken me from the store had said it was a misdemeanor; it's also on the citation they gave me. It was also only one charge so I think I should be okay, right?

    Plus is there any chance it could get reduced to petty theft? Plus I have already signed a paper saying I'm going to pay the store back.
    You're lucky - I would have hit you for the felonies. I think the officers were being a tad lazy.

    But, if there is a civil agreement to pay back the store on the table, it is possible that the DA may no longer consider this a criminal matter at all.

  5. #5
    Join Date
    Nov 2014
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    4

    Default Re: No Jail Time, Right

    Quote Quoting cdwjava
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    You're lucky - I would have hit you for the felonies. I think the officers were being a tad lazy.

    But, if there is a civil agreement to pay back the store on the table, it is possible that the DA may no longer consider this a criminal matter at all.
    Well I am quite glad you were not around then, lol. But yes, the store and I already agreed to me paying the $250 back to them. I had no idea I should have even considered looking into legal help. Would the agreement be something I bring up on Monday in front of the judge?

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: No Jail Time, Right

    Quote Quoting jessicabee
    View Post
    Well I am quite glad you were not around then, lol. But yes, the store and I already agreed to me paying the $250 back to them. I had no idea I should have even considered looking into legal help. Would the agreement be something I bring up on Monday in front of the judge?
    Assuming the matter before the court on Monday is your arraignment, I doubt that the court will care. The DA is the one who decides on the filing of charges, not the court. The DA may choose to drop the matter, or, they might proceed. They might later drop it if and when it comes to light that there is a civil agreement, but I can't say.

    At your arraignment, if this is filed as a misdemeanor or felony, you will be given the opportunity to receive court appointed counsel if you cannot afford your own attorney.

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Employee Processed a False Payment to a Store Credit Card

    One thing you can be sure of.... You likely screwed yourself out of any good job with your degree.

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