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Aressted for retail left and fired

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Obsession2478

Junior Member
What is the name of your state (only U.S. law)? Florida. I was working for a speedway gas station for about a month, I went in to work today and 4 hours into my shift was called into the office and asked if I had been stealing doughnuts I said no as I had not been. All the sudden the cops show up and I'm accused of bien on camera stealing a dozen doughnuts. They play the video and I have a small box I put 2 muffins in and a bag with one doughnut and he's right I honestly forgot to pay for them before leaving but it wasn't intentional. You see in video I leave all my stuff including muffins and doughnut in store and go smoke a cigg when I come back in I'm rushing because my ride is there and I forget to pay the barely 9$ for the items. They had me arrested and charged with retail theft and I have to appear in court. The other girl on my shift was accused of ringing up doughnuts but taking muffins as one is significantly cheaper yet they only wrote her up. Hers is clear intent to defraud the company mine was an honest mistake but I am the one being charged. I Dont qualify for the diversion program as I have an FTA from a license suspension from 2012. So they are really charging me with retail theft for accidentally taking 2 muffins and a doughnut. What should I do and what should I expect to happen? If they charge me and its on my record I'll never be able to get another retail job over muffins. Please help I'm freaking out.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Florida. I was working for a speedway gas station for about a month, I went in to work today and 4 hours into my shift was called into the office and asked if I had been stealing doughnuts I said no as I had not been. All the sudden the cops show up and I'm accused of bien on camera stealing a dozen doughnuts. They play the video and I have a small box I put 2 muffins in and a bag with one doughnut and he's right I honestly forgot to pay for them before leaving but it wasn't intentional. You see in video I leave all my stuff including muffins and doughnut in store and go smoke a cigg when I come back in I'm rushing because my ride is there and I forget to pay the barely 9$ for the items. They had me arrested and charged with retail theft and I have to appear in court. The other girl on my shift was accused of ringing up doughnuts but taking muffins as one is significantly cheaper yet they only wrote her up. Hers is clear intent to defraud the company mine was an honest mistake but I am the one being charged. I Dont qualify for the diversion program as I have an FTA from a license suspension from 2012. So they are really charging me with retail theft for accidentally taking 2 muffins and a doughnut. What should I do and what should I expect to happen? If they charge me and its on my record I'll never be able to get another retail job over muffins. Please help I'm freaking out.
Theft of items valued at $100 or less is a second degree misdemeanor with a fine of $500 and up to 60 days in jail.

The video will not help with your defense.

I recommend you find a criminal defense attorney in your area of Florida to assist you in court.

Good luck.
 

Obsession2478

Junior Member
Really?

You really think someone will pick up prosecution over 2 muffins and a doughnut that was an accident and they were literally throwing in the garbage can?
 

cbg

I'm a Northern Girl
Please explain how the video proves that your taking them was accidental.
 

ServedMyTime

Junior Member
Look, get a lawyer and keep the consequences as small as you can. If he/she can't convince authorities or the merchant to drop the charges, then yes you will have a record although frankly I doubt you will go to jail more than a booking walkthrough (you'll live).

If you have already been through diversion on the FTA you should have been super careful. The old "fool me once, fool me twice" saying. Some businesses let their are people have free sodas or snacks, but if yours doesn't, presumably you knew the policy and you didn't have to work there. And if two muffins and a donut cost nine dollars, remind me not to shop there.
 
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quincy

Senior Member
You really think someone will pick up prosecution over 2 muffins and a doughnut that was an accident and they were literally throwing in the garbage can?
Yes, I really think that you can be prosecuted for the theft, if the store wishes to press the issue. In Florida, petty theft is apparently one of the most prosecuted of all crimes.

You also have a civil demand letter* and lawsuit to worry about. Speedway might be one of the establishments that routinely demand of a thief what is allowed them under the law (i.e, triple damages or a minimum of $200) and, if the demand for compensation is not met, the thief is sued. Although a lawsuit might be unlikely in your described situation, it is not outside the realm of possibilities.

Under the law, two muffins and a doughnut with a value of $9 is treated no differently than any other item stolen with a value of less than $100. Theft is looked at as theft.

This is why you need a criminal defense attorney. Even if you have participated in a diversion program in the past, it could be possible for an attorney to get Speedway and the prosecutor and the court to agree to allowing for a second diversion - to keep your criminal record clean. This might be more possible if you are young (teenage). And there is a VERY outside chance that the attorney can show there was no intent to steal and can work with the prosecutor to get the charge dismissed ... but I think this would be a challenge and I wouldn't count on a dismissal, based on the video and the statements you have already made to the store and police.

You should probably look for a job outside the retail sector. Good luck.



*you should NEVER pay anything demanded until the demand letter is looked at by an attorney in your area
 
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Eekamouse

Senior Member
You really think someone will pick up prosecution over 2 muffins and a doughnut that was an accident and they were literally throwing in the garbage can?
You really think your story of forgetting to pay for the donuts and muffins is in any way believable? You stole them. And when they questioned you about it, you lied.
 

Obsession2478

Junior Member
No

If I hadn't been on camera paying for every other item I have ever gotten from the store I might be able to see why you would think that but no I always paid for items. I left them inside and smoked a cigg when my ride came I just grabbed my bag and forgot. But thanks.
 
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Obsession2478

Junior Member
The FTA

I did not get a diversion on the FTA I did a walk threw and paid a fine. It was a traffic court violation. I spoke to another employee and she said it is barley 6$ even tho they said nine when I was arrested. IDC if u think it was intentional, it was not and I was a very good employee with absolutely no other issues. The other employee rang up donuts but took muffins so she could pay less, that's obvious fraud and all she got was a write up.
 

Zigner

Senior Member, Non-Attorney
I did not get a diversion on the FTA I did a walk threw and paid a fine. It was a traffic court violation. I spoke to another employee and she said it is barley 6$ even tho they said nine when I was arrested. IDC if u think it was intentional, it was not and I was a very good employee with absolutely no other issues. The other employee rang up donuts but took muffins so she could pay less, that's obvious fraud and all she got was a write up.
The other employee's actions & consequences have no bearing on this matter. They have you on camera placing food in your bag, leaving, then returning later to quickly pick up the bag and leave again. What would you think if you saw the video from an outsider's perspective?
 

Silverplum

Senior Member
I did not get a diversion on the FTA I did a walk threw and paid a fine. It was a traffic court violation. I spoke to another employee and she said it is barley 6$ even tho they said nine when I was arrested. IDC if u think it was intentional, it was not and I was a very good employee with absolutely no other issues. The other employee rang up donuts but took muffins so she could pay less, that's obvious fraud and all she got was a write up.
Please post again to let us know how your case went.
 

quincy

Senior Member
I did not get a diversion on the FTA I did a walk threw and paid a fine. It was a traffic court violation. I spoke to another employee and she said it is barley 6$ even tho they said nine when I was arrested. IDC if u think it was intentional, it was not and I was a very good employee with absolutely no other issues. The other employee rang up donuts but took muffins so she could pay less, that's obvious fraud and all she got was a write up.
You could be eligible for diversion and it could be possible to have your charge dismissed entirely (a remote possibility). To better your chances of either of these outcomes, you will want an attorney.

I agree with Zigner that you should not concentrate on what did or did not happen to the other employee. It is possible you do not know the whole story of the other employee, and it really makes no difference to you and your case anyway.

Again, speak to a lawyer in your area. And, yes, it would be nice if you could post back with what happens.
 

Obsession2478

Junior Member
No deversion

I was denied the diversion on this case due to the FTA in 2012. I was also trained by 2 other emoloyees and both of them took doughnuts and muffins home at the end of the night which makes me feel like I'm being singeled out on one occasion that was a legit mistake. I know it won't make a difference in courts eyes but is pretty shady to me about the company. They also hired me 2 days before the asst manager went on vacation and fired me 2 days after she was back and made the comment I was no longer needed at the store.
 

quincy

Senior Member
I was denied the diversion on this case due to the FTA in 2012. I was also trained by 2 other emoloyees and both of them took doughnuts and muffins home at the end of the night which makes me feel like I'm being singeled out on one occasion that was a legit mistake. I know it won't make a difference in courts eyes but is pretty shady to me about the company. They also hired me 2 days before the asst manager went on vacation and fired me 2 days after she was back and made the comment I was no longer needed at the store.
You have already been denied diversion for the theft charge? You have spoken to the prosecutor?

There is nothing that you can do that will get you your job back, if you are hoping for this to happen. You can be fired on only a suspicion of theft (in fact, you can be fired for pretty much any reason at all - with a few exceptions that do not appear to apply here).

What other employees do or have done in the past should have no bearing on your theft charge, although the attorney you see potentially could work this to your benefit if the taking of muffins and doughnuts is a regular practice of employees and the managers have not objected to it in the past.

Here are my recommendations: I recommend you avoid calling Speedway "shady" because that is apt to get you into more trouble than you are already in and I recommend that you speak to an attorney in your area. This forum cannot help you defend against the theft charge. An attorney in your area can.
 
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