Theft, help?!

[pheaton]

Douglas County Nebraska

Here is the story. I stole a gift card from a Home Depot customer. Worth about $160 Stupid I know. Home Depot asset protection caught me and pulled me into their office and began their interrogation.

They told me how they had me on camera and how things would be a lot easier if I just cooperated and admitted what I had done. I have never done anything like this, so I came clean, admitted my fault. He asked if I had the gift card, I told him yes and that it was in my wallet. He told me to leave it there. . I just wanted to get out of there.

They asked me to fill out a statement about what I had done. Which I did. He also informed me that the Home Depot notified the customer and had reimbursed them the money. He asked if I would be willing to pay restitution to the Home Depot for the money they were out reimbursing the customer? I told him that I would. So he also had me fill out a form saying that I would pay Home Depot restitution.

The asked me to please wait, that they would get me on my way shortly. Well, that wasn't true. They called the police. The officer asked me what was going on and foolishly I told them without a fight. This whole time I'm confused, scared, completely unaware of my rights in this situation.

The officer asked to see my ID and give her the gift card. Which I did. The officer left the room. After several minutes the officer returned. She informed me that a gift card wasn't considered fraud, and therefore was a misdemeanor. She also informed me that the Home Depot could not press charges, because it was not their money, it was the customer's money. However, the customer wanted to press charges, so I was going to be arrested. The Home Depot deactivated the stolen card and as I said above issued the customer a new gift card.

So I was given a citation with date to appear in court (technically arrested I guess). The offense is simply listed "theft".

So what do I do now? Am I screwed because I spilled my guts? Also I have a feeling that Home Depot is going to come after me for restitution. Does the gift card that the officer took from me and was deactivated count as restitution? Can Depot still make me pay $160? I can't afford a lawyer and since this is my first offense, I obviously don't want this on my record. I would like to get this dropped, or reduced if possible.

So do I plead not guilty and get a public defender and try to drop it, or do I plead guilty and pay the piper?

 

[The Occultist]

I will admit that what I'm telling you isn't necessarily fact, but I believe that since you did not actually steal from Home Depot, they cannot come after you for civil restitution.

As for your trial, pleading not guilty really isn't an option for you. You've already confessed to the crime. If you somehow managed to get your statements thrown out, there is still the video evidence of your crime. You will want the aid of an experienced attorney to try to minimize the impact this will have on you.

Stand by as more knowledgeable posters may have further insight.

 

[pheaton]

Well, I asumme if this went to trial I would without a doubt lose. But I wouldn't be much worse off than having just pleaded guilty. There might be a slightly stiffer penalty for making it go to trial. But technically even though I confessed I still have to be proven guilty in court right?

I guess what I'm wondering is if I plead not guilty and force a trial. This gives me the opportunity to get a court appointed defender and have an opportunity to have the charges reduced or dropped and not even have to go to trial.

Am I wrong? Anyone have better advice? Again, I have no previous record.

 

[CdwJava]

Why would they drop the charges?

If you plead not guilty at arraignment, you will be assigned a public defender if you cannot afford one. Your attorney can then try to work out a plea deal to minimize the effect on you - likely taking jail time off the table.

Your admission to the store personnel and to the officer will likely be permitted in to court, and this would make this case an easy winner. The state really has little incentive to drop or reduce the charges, but they usually will offer a plea to something less than the max. sentence just to save the state money, and everyone time.

- Carl

 

[JustAPal00]

I was arrested for trespassing once. The prosecutor insisted on going foreward with the case even though I really didn't do anything wrong. When we had our hearing she expected us to plead guilty, so as soon as she heard me say not guilty she told the judge she was going to drop the charges.

 

[Shay-Pari'e]

I was arrested for trespassing once. The prosecutor insisted on going foreward with the case even though I really didn't do anything wrong. When we had our hearing she expected us to plead guilty, so as soon as she heard me say not guilty she told the judge she was going to drop the charges.[

That's nice, but what does your criminal history have to do with this post?

 

[The Occultist]

I was arrested for trespassing once. The prosecutor insisted on going foreward with the case even though I really didn't do anything wrong. When we had our hearing she expected us to plead guilty, so as soon as she heard me say not guilty she told the judge she was going to drop the charges.

Son, this isn't as simple as merely walking around on somebody's property, this is stealing money.

 

[pheaton]

The only reason I thought that charges may be reduced or dropped is because the Depot paid the customer back and I gave the stolen gift card to Depot and it's been deactivated everyone has their money. Restitution has been paid all around.

Also, when I admitted it Depot had me fill out a statement, but the cop did not. When Depot had me fill it out they mentioned nothing about this being used in court, about them calling the police, anything. He gave me the impression that if I filled this stuff out, I would be on my way.

How can they con me into signing this and admit everything when I wasn't aware that it was usable in court?

Is there anyway to get a public defenders advice prior to the hearing? If not is there a way to talk to the prosecutor to see what he thinks he can use against me? Or maybe the judge?

At this point is it still the customer that is pressing charges? Is there anyway I can get a hold of the customer and get them to drop the charges?

 

[The Occultist]

Is there anyway I can get a hold of the customer and get them to drop the charges?

This is NOT something you should ever do. Ever. What you may consider is having your lawyer talk to their lawyer, but that's it.

 

[JustAPal00]

I was arrested for trespassing once. The prosecutor insisted on going foreward with the case even though I really didn't do anything wrong. When we had our hearing she expected us to plead guilty, so as soon as she heard me say not guilty she told the judge she was going to drop the charges.[

That's nice, but what does your criminal history have to do with this post?

Well let's see, I'll talk real slow so that you can keep up! The OP was wondering if by pleading not guilty the prosecutor may drop the charges. Now that the victem has been compensated for their loss they might not feel like sitting in court to get someone a slap on the wrist. The prosecutor as in the one in my case might feel that taking it to trial might not be worth it for the small sentence that the Op will probably receive. They might drop the chargers either with or without prejudice, I forget which one means that they can bring the charges back if you get in trouble again.

 

[JustAPal00]

Son, this isn't as simple as merely walking around on somebody's property, this is stealing money.

No, you're right , this is a small theft! It might not be worth the time in court to prosecute.

 

[panther10758]

I like that "small theft" tell that to card owner out $160.00 an dif HD treated that likeit was nothing it would be out of business. by the way was the card used at all? If so theres more than $160.00 here we are talking about. by the way HD failed to mention Civil Demand. Expect a letter from a Civil Recovery service or law firm demanding monies probably in excess of $300.00. Its legal and if you dont pay you can be sued for even more and they will win. You say you can't afford an Attorney well your wrong you can't afford not to have one.

 

[CdwJava]

In a case like this where there is no argument of guilt - thus no defense - it's unlikely the state would drop the matter just to save the taxpayers a couple of bucks. if that were the case, then all ANY petty thief would need to do would be to pay off his victim when he was caught ... this would suddenly make crime quite profitable considering that some (very optimistic) estimates are that for each time a thief gets caught he has committed at least 5 additional offenses. That's effectively an 80% discount!

In a case where reasonable doubt is inherent - such as in a "he said, he said" type of case; "Yes you did!" ... "No I didn't!" then the DA is far more likely to drop the matter on a plea of "not guilty". Unless the local DA is inordinately lazy, or the case was poorly presented, he would have no incentive to drop the matter ... but, he would have incentive to offer a plea deal with jail off of the table. And, maybe, he would offer up a deferred entry of judgment thus keeping the defendant's record clean.

He needs to speak to that attorney.

- Carl

 

[pheaton]

So even though Depot paid the customer and I gave Depot back the gift card I'm screwed? If I plead not guilty who is my case with? The state prosecutor? Or the customer? I'm confused I guess as to who is coming after me. Is there anyone I can talk to in advance of the hearing to possibly get this dropped? Can I get a public defenders advice prior to the hearing?

Remember this is a misdemeanor, because for some (lucky) reason gift cards aren't really money so it's not a felony.

Also, does anyone have any idea what my chances are if I hire a attorney to defend me? Anyone have any idea how much a hired mouthpeice will cost?

 

[panther10758]

Chances of what? Getting off!? Now thats funny. If you can afford an Attorney get one! If you can't you can still meet with one to discuss options before court. many Attorneys offer free office visits.