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Embezzlement, under $200, I am 17 years old.

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glaivedave

Junior Member
The name of my state is California.

I had been embezzling from my employer for no more than two weeks, and I had stolen no more than $200, though I don't know the exact amount. I am 17 years of age, and I worked at a gas station. The owner had suspected I had been stealing, but I don't think he had any proof. He took me to his backroom and locked me and him inside, and I confessed to the crime. He then proceeded to bully the holy-hell out of me, saying things like, "10 years ago I woulda beaten the **** out of lazy thieves like you, but I've matured from then", and also accused me of stealing $60 from a cash drop, and said I stole over $100 in a few days, when, in reality, I had NEVER stolen more than $45 in a shift. He physically removed a slip of paper from my shirt-pocket, which I used to keep a tally of the embezzled money, and made me sign it, saying that I had attempted to steal that money. He then told me of the harsh consequences of a felony I had never known before, embezzlement. He said he had spoken to the police already, and said he knew the consequences of my crime. He also said he would call my next job (I had given him my two weeks, having found another job; he caught me my last day at work) and make sure I don't get hired. He had me call my parents, and tell them what I had done, and asked both them and me, "what it was worth not to get 'this' on your record?" My parents told him over the phone we'd do just about anything to keep it from getting on my record. He then told me if I don't pay $3,000 in a period of 6 months, with 8% interest, he would call the police. Him and my parents forced me to sign a sheet to which I would pay $3,000 compensation for the money I had stolen from him, and if I paid him in full, he would not press charges.

Please, could someone with a good amount of experience help me out? I feel ashamed, mad, and almost raped. He had no concrete evidence prior to my confession, I don't think, and he walked all over my rights, and frightened me half to death for my own safety. I had known he was in some form of martial arts, and that on a few ocassions he had literally beat up a couple homeless people who refused to leave his gas station, and, with that prior knowledge, I was a bit frightened when he locked us both in the backroom.

I can't afford to pay for a lawyer, and I'm not sure whether I should foot the $3,000 or just take whatever crime may appear on my record. Could someone please tell me what would be the possible consequences, and whether it would be cheaper to hire a lawyer to fight for me rather than pay the owner the agreed amount?

I'd really appreciate any help.
 
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I do not know the legalities of what you have done but you do not seem to realize it was VERY serious. Having said that, how do you know when this 3000 is paid he will not come up with another 3000 he wants, or else. Unless this is the legal limits he would recover in some way through the courts then he is just as guilty as you of a crime, blackmail.

So make sure you have that note you were forced to sign securely stashed away and tell him if he goes forward so will you and expose his blackmail scheme against you.

IF though as I stated earlier he would get the 3000 through the courts then you have a decision to make.

Good luck kid for some reason you don't seem to be the usual punk kid, so why did you steal money and keep a list?
 

CdwJava

Senior Member
You are guilty of a felony, and the station owner is also committing one (extortion) by compeling you to pay an outrageous "fee" to avoid jail.

You might consider speaking to an attorney before paying this clown one penny.

I hope you see the consequences of your actions ... in all reality, you are getting something of what you deserve. Yes, an attorney will likely cost you more than the $3,000. But, if you have evidence of his blackmail attempt (see if he's dumb enough to write it out) then go to the police with an attorney and cnfess your sins. Chances are the DA will see this as a wash.

- Carl
 

glaivedave

Junior Member
Thanks for both your responses and patronizing. As if getting slapped $3,000 for stealing a couple hundred bucks wasn't humilitiating enough...

I'm totally new to the legal system. Would I be required to pay for my own lawyer? Would the state provide me with one? Would I even need one? Could I just go into court and take whatever punishment may come?

He did have me sign a 'contract' of some sort, stating that if I owed him $3,000, to be paid within 6 months, with 8% interest. He had also put, upon the request of my father, that if the $3,000 was paid, he would not turn me in to the police.

Would that be evidence enough to convict him of extortion?

Also, I thought I had read somewhere that embezzlement is a misdemeanor if the amount stolen is less than $500, and I know for a fact he would never be able to accuse me of stealing more than $500 (he accused me of stealing hundreds more than I had actually stolen, and simply replied to my denials with, "how can I trust a thief?"
 

glaivedave

Junior Member
The reason I had explained my story very specifically, and not just bluntly, was because there were a few key points which I thought my rights had been violated.

He physically removed a slip of paper tucked in my shirt pocket.

He threatened to call my next job and "get me fired" if I would not pay him his ransom.

He's charging me $3,000 dollars, when I had stolen only $150-$200.

Were any of the above things mentioned illegal?

I know I made a mistake; a terrible one. This ought to come as a lesson to me, and I understand that. But if all else fails, and if I'm required to pay him, I would have to work three months at my new job simply to put every dollar earned into his fat wallet (I would literally have to.) There's no way in hell, though, that I'd ever pay this ass-hole a dime more than I have to. But, let me not get too personal about this guy...

Again, any help, except those given in the form of "You two deserve each other" would be truly appreciated.
 

CdwJava

Senior Member
glaivedave said:
He physically removed a slip of paper tucked in my shirt pocket.
He is not the police thus your 4th Amendment protections against unlawful search and seizure do not apply. I suppose you could try and charge him with theft, but that would still mean that the note (now evidence ina theft case) would still be admissable against you for the embezzlement/burglary.

He threatened to call my next job and "get me fired" if I would not pay him his ransom.
Hence the reason his actions were extortion.


He's charging me $3,000 dollars, when I had stolen only $150-$200.
Further fuel to his extortion charge.


Were any of the above things mentioned illegal?
As I said in my previous post, yes.

But, you have to admit to a felony to charge him with the felony. That's why I recommend getting an attorney and being the first one to go to the police. To re-phrase someone's sig line here on these forums: "The first one to the police gets to be the victim."


There's no way in hell, though, that I'd ever pay this ass-hole a dime more than I have to. But, let me not get too personal about this guy...
I agree with you. But to keep him from diming you off, you have to go to the police with anything you have showing he is extorting you. Talk to an attorney.


- Carl
 

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