Giftcards embezzlement & Possesion of Marijuaa

[bluegreenboy]

I work at Target as a Barista and less than a month ago I got called in by the security and got charged with embezzlement of giftcard (costing $200 - misdemeanor) aswell as posession of marijuana (3 grams - infraction ) at work. They are also making me pay for free drinks and free food that I have given out to various customers. They gave me a ticket and on it said only the embezzlement of giftcard and the infraction, does that mean that the free drinks i gave out is not apart of the charge anymore? Would I be serving time in prison? if not how much am I going to be fined for those charges? I am 19 years old, lives in California, and never been charged with anything before.

 

[OHRoadwarrior]

They might be waiting on the video to add those charges.

 

[quincy]

I work at Target as a Barista and less than a month ago I got called in by the security and got charged with embezzlement of giftcard (costing $200 - misdemeanor) aswell as posession of marijuana (3 grams - infraction ) at work. They are also making me pay for free drinks and free food that I have given out to various customers. They gave me a ticket and on it said only the embezzlement of giftcard and the infraction, does that mean that the free drinks i gave out is not apart of the charge anymore? Would I be serving time in prison? if not how much am I going to be fined for those charges? I am 19 years old, lives in California, and never been charged with anything before.

Here are links to the laws, first to the misdemeanor embezzlement charge, second to a petty theft charge (which your embezzlement could potentially be reduced to), third to the marijuana infraction:

California Penal Code 503: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=503-515

California Penal Code 488: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9

California Marijuana Laws: http://www.canorml.org/camjlaws.html

You could face up to 6 months in jail and up to $1000 in fines for the gift card theft/embezzlement and a maximum $100 fine (plus fees) for the marijuana infraction (the infraction comes with no criminal record). I don't know whether you will be charged additionally for the food and drinks.

I recommend you consult with an attorney in your area of California for the best outcome in court. Good luck.

 

[HighwayMan]

They gave me a ticket...

Who is "they"? Security guards have no such power as far as I know.

 

[quincy]

Who is "they"? Security guards have no such power as far as I know.

In California some can - but specifics matter.

Here is a link: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=830-832.18

 

[HighwayMan]

In California some can - but specifics matter.

Here is a link: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=830-832.18

Phew, I can't say I read every word of that but I saw nothing that would indicate that store security guards are either peace officers or have the arrest authority as a peace officer.

Can you point to a specific section/subsection?

 

[quincy]

Phew, I can't say I read every word of that but I saw nothing that would indicate that store security guards are either peace officers or have the arrest authority as a peace officer.

Can you point to a specific section/subsection?

I made a note of Section 830.7.

 

[HighwayMan]

That was one I noted as well but all of the security officers mentioned seem to need to be employed by a state agency or authority. I see nothing that would apply to a run-of-the-mill store security officer in that section or any of the others I skimmed through.

 

[quincy]

That was one I noted as well but all of the security officers mentioned seem to need to be employed by a state agency or authority. I see nothing that would apply to a run-of-the-mill store security officer in that section or any of the others I skimmed through.

Maybe CdwJava will stop by and enlighten us both.

I am not sure if bluegreenboy's use of "they" was referring to a security guard or if a security guard could have called the police, with the police being the "they" who issued the ticket.

My response to your earlier post was only to address the security guard portion (to say that some security guards in California are given specific authority under state law to serve as peace officers). It was not meant to address your "who is they" question - which was a good question and still remains for bluegreenboy to answer.

 

[HighwayMan]

Maybe CdwJava will stop by and enlighten us both.

Indeed!

My response to your earlier post was only to address the security guard portion (to say that some security guards in California are given specific authority under state law to serve as peace officers)...

Understood, however you seemed to imply that a security officer in bluegreenboys's scenario could have issued some type of ticket. I was merely pointing out that it seems unlikely given the venue of the crime - based upon the statute(s) you quoted.

It's all good... we'll see if bgb returns to shed light on the situation.

 

[quincy]

... Understood, however you seemed to imply that a security officer in bluegreenboys's scenario could have issued some type of ticket ...

Oh, sorry. I didn't mean to imply anything. I had assumed from the beginning that the police were called.

It would be nice to have bluegreenboy return to clarify, though.

 

[CdwJava]

If he was cited, it would have been by law enforcement. The limited powers of certain designated security personnel as provided under PC 830.7 does not appear to be applicable here as he mentioned security by Target. And Target cannot seize marijuana, they would have to turn it over to the police, and any cite they issued would be a civil matter that could be safely ignored.

What likely happened is that the store called the cops for the embezzlement. The free drinks are likely an issue that the store can deal with as that is, arguably, an employment issue and not one of illegal activity. Baristas and restaurant personnel often do give away freebies, and if anyone else in the store has done that then arguing that the OP's is criminal and every other barista that does it is not is a tough argument to make, so I suspect the police or the store did not want to include those.

The OP is lucky in that Prop 47 effectively decriminalized this sort of thing in CA. Depending on the jurisdiction he is in, the crime may not even be prosecuted. And, if it is, chances are that he will face probation and fines and without jail time.

 

[OHRoadwarrior]

I had such a thief working in one of my stores. Her choice upon termination was come in and sign over your pay check to the company or get prosecuted. She elected to sign it over.