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first offense theft

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counting_days

Junior Member
What is the name of your state (only U.S. law)? az

I have a friend in trouble with theft. Basically, she's absent minded, but from what it looks like, she pocketed money that was left behind in a machine. Thats what it looks like, but really she forgot about it and found out later but was too scared to put it back...it never left the building. Anyways, she got fired, and got a ticket for theft. This is her first offense, no bad history, and just moved here. She has an arraingment court thing coming up and I have a couple questions:

First, on the ticket, the time for the court date is wrong (officer messed up) and the 'date issued only is different from violate date' is not written in.
Second, how do you get into the diversion program? Would it help if she did?
Third, do you have to plea first to get considered or should you ask before your court date and the arraignment?
How would you plea to this, because in the eyes of the company, they saw her take it, but really is was a mistake. As of right now, we don't have an attorney, because we got advice that she'll probably get the deferred route. We can't have this end up on her record so as of now all I have are questions.
 


FlyingRon

Senior Member
What are we talking about here? What is the machine? Presumably we're talking about something more than someone forgetting to take their change from the pop machine.

If you "can't have" the impact of a crime, your best avenue is to get a lawyer.
The prosecution/police are not reliable places to get legal advice.
 

counting_days

Junior Member
The machine was a self checkout...people always forget to take their change...so I've noticed. No one really explained the procedure to her...but everyone else just puts the money back in the machine. Well it was busy and she put it in her pocket so she wouldnt be in the way of the next cust, and forgot about it til she found it later on. She got scared and figured if someone saw her put it back now, they'd accuse her...anyways it never left the building instead it stayed in her locker. She said she'd put it back at the right time. Apparently there was never a right time and of course she's forgetful. The asset protection people came and interrogated her...and she kept telling them that was all she forgot and they kept accusing her of other things probably to make her confess other things which she did not do. But during all that time cops showed up and wrote her a ticket.
 

Antigone*

Senior Member
The machine was a self checkout...people always forget to take their change...so I've noticed. No one really explained the procedure to her...but everyone else just puts the money back in the machine. Well it was busy and she put it in her pocket so she wouldnt be in the way of the next cust, and forgot about it til she found it later on. She got scared and figured if someone saw her put it back now, they'd accuse her...anyways it never left the building instead it stayed in her locker. She said she'd put it back at the right time. Apparently there was never a right time and of course she's forgetful. The asset protection people came and interrogated her...and she kept telling them that was all she forgot and they kept accusing her of other things probably to make her confess other things which she did not do. But during all that time cops showed up and wrote her a ticket.
What... she needed the explanation Don't take what is not yours? That is elementary, my friend.
 

FlyingRon

Senior Member
She needs to come up with a better story.
If she doesn't understand the procedure, how would she "put it back in the machine" at any time and frankly, I can not believe that is the procedure anyhow.
She needed to ask someone "what do I do with this?"
Even if it was the day before, they'd just think she was stupid.
The fact that she intentionally hid it, is indication of criminal intent.
 

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