Results 1 to 8 of 8
  1. #1

    Default Gift Card Fraud by an Employee

    My question involves criminal law for the state of: North Carolina. I was a Supervisor at a major company. To make a long story short, I unlawfully loaded a gift card for the value of $30.84 cents. My question is this I DON'T WANT ANY JAIL TIME.

    My first court appearance I mistakenly said I'll represent myself, the judge told me that wouldn't be a good idea and have a lawyer appointed. So I have a public offender now. I wasn't read my rights nor was I handcuffed they just walked me out and terminated me. It was just a gift card I did t take any money how much time will I face. I have a child and dreams and goals to achieve I'm a good person who made an honest mistake bt I won't allow about it. I know what I did and I wanna enter a guilty plea and just face the consequences other than jail. Can someone please help me out? Will my squeaky clean record play a major role in this or what could I be facing? Thanks in advance. My coworkers say the judge was scaring u to make u wake up and get a lawyer well it only took her one time. I just someone's opinion who knows or been through this situation before. Thank you . I'd greatly appreciate it.

  2. #2
    Join Date
    Jul 2014
    Posts
    441

    Default Re: Embezzlement from a Partnership

    Quote Quoting IJUSWANASING
    View Post
    My question involves criminal law for the state of: North Carolina. I was a Supervisor at a major company. To make a long story short, I unlawfully loaded a gift card for the value of $30.84 cents. My question is this I DON'T WANT ANY JAIL TIME. Too bad. Next time don't commit crimes and jail time won't be a possibility. No one now will care what YOU "WANT."

    My first court appearance I mistakenly said I'll represent myself, the judge told me that wouldn't be a good idea and have a lawyer appointed. So I have a public offender now. I wasn't read my rights nor was I handcuffed they just walked me out and terminated me. Doesn't matter. You don't have to be read your rights or handcuffed to be convicted. It was just a gift card I did t take any money how much time will I face. I have a child and dreams and goals to achieve I'm a good person who made an honest mistake bt I won't allow about it. I'm not the judge of whether you are a "good person" or not but you committed a crime. And it was no mistake. You willfully chose to do it. A mistake would be accidentally ringing a gift card up when you meant to just check it's value. This was an intentional criminal act. I know what I did and I wanna enter a guilty plea and just face the consequences other than jail. Can someone please help me out? Will my squeaky clean record play a major role in this or what could I be facing? Thanks in advance. My coworkers say the judge was scaring u to make u wake up and get a lawyer well it only took her one time. I just someone's opinion who knows or been through this situation before. Thank you . I'd greatly appreciate it. The judge wasn't "scaring you." The judge was ensuring that you are properly represented, which is your constitutional right. As for jail time, no one here knows what will happen. Why don't you ask your lawyer? And why don't you explain everything you've explained here to your lawyer and ask him/her to get you the best deal he/she can, hopefully with no jail time.
    Responses embedded.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Embezzlement from a Partnership

    The word is public DEFENDER not offender. As DD points out, you don't need to be "formally arrested" with all the trappings (handcuffs, miranda rights, etc...) to be charged.
    You're deluded. You DID take money. Putting the money on the gift card is the act of theft right there. It's not an "honest" mistake. It was a dishonest intentional act. You tried to take $30 from your employer and got caught.

    Never plead guilty without legal counsel as to the implications. Your lawyer (the public defender) should explain this to you. There are programs that may be available to you in NC to avoid getting a criminal record over this. Note that your employer has probably already reported you to a database shared between retail merchants. You should probably consider that you will not be getting another job in mainstream retail for quite some time (at least seven years). If you're convicted of this crime of moral turpitude, you can expect it to have even more serious and long lasting effects on any future jobs. As one local judge likes to espouse in open court when he's doing the "shoplifting docket." He'd rather hire former drug addicts than thieves. Thieves are harder to rehabilitate and cost the employers more than druggies.

  4. #4
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Embezzlement from a Partnership

    it's far from an honest mistake ....many jurisdictions have forms of alternate disposition for first offenders ..but you pretty much need counsel to sort that out .

    But sometimes details matter ...and I don't know if to load a gift card by itself constitutes theft ...not everything is logical ...one of my employer friends had an employee forge a check ..but forger beat the rap on grounds she had not actually cashed it !!! ( She was intercepted at the bank by an alert teller who knows the employers signature and habits !!)

  5. #5
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Embezzlement from a Partnership

    Don't say anything,ask the lawyer if the charge can be dropped(probably a long shot). You probably will just get a fine,maybe probation and some shoplifting classes. You have a clean record,try to keep it that way. It might be possible,it's in your best interest to try. A diverson program,might be a shoplifting prevention class and stay out of trouble for a year maybe. Then the charge would be dismissed.

    Five to ten years from now this theft conviction can make it hard for you to get a job. Sometimes a diversion program,isn't an option. The worse thing to do is just plead guilty and be stuck with a criminal conviction. Also if you young,under 21,discuss if the conviction can be expunged in the future.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Embezzlement from a Partnership

    21 makes no difference in NC except for certain drug offenses. An adult conviction isn't expungeable until 15 years later at the earliest.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Embezzlement from a Partnership

    No one wants jail time. But it's not up to you whether you get it or not.

  8. #8
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Embezzlement from a Partnership

    People think,o cool I just paid a $200 dollar fine and move on. The person should be more concerned about avoiding a criminal conviction. Jail is probably not likely.

    1. Sponsored Links
       

Similar Threads

  1. Retail Fraud / Shoplifting: Gift Card Fraud Under $5000
    By jimmybutt11 in forum Criminal Charges
    Replies: 2
    Last Post: 04-28-2010, 06:59 AM
  2. Theft and Larceny: Gift Card Theft
    By puppylover in forum Criminal Charges
    Replies: 9
    Last Post: 04-21-2010, 07:58 PM
  3. Retail Fraud / Shoplifting: Gift Card Fraud by a Store Manager
    By sharpie901 in forum Criminal Charges
    Replies: 7
    Last Post: 12-20-2009, 09:11 PM
  4. Credit / Debit Card Fraud: Gift Card Mail Fraud
    By poisonedcrimson in forum Criminal Charges
    Replies: 1
    Last Post: 02-17-2008, 09:28 AM
  5. Credit / Debit Card Fraud: Gift Card Mail Fraud
    By poisonedcrimson in forum Criminal Charges
    Replies: 2
    Last Post: 02-15-2008, 10:17 AM
 
 
Sponsored Links

Legal Help, Information and Resources