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innocent but signed a confession

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morr1321

Junior Member
What is the name of your state?Georgia


I USED to bartend for Ruby Tuesday's in my hometown. Well we started getting high bar costs i.e. employee theft. I was questioned in a room with my manager and Ruby's head of loss prevention. They said they had quite a bit of evidence on me and could probably be prosicuited if I didn't cooperate. So I said what they wanted me to say, and I signed a confession saying that I had stolen $2,000 dollars of liquor. I thought that signing the paper that I would be free. I haven't been arrested however I have a court dat in 2 weeks so I don't know if I should plead guilty (less punishment) or plead not guilty (defend myself). I later found they had NO proof they only tried to get me to confess. I found I have three angles 1. I signed under duress 2. possibly malious prosicution 3. the confession was taken not under oath. So if i could get a couple of standpoints I would appreciate it.
 


CdwJava

Senior Member
morr1321 said:
I later found they had NO proof they only tried to get me to confess. I found I have three angles
Your "angles" are a little obtuse.


1. I signed under duress
Hard to prove. Were you shaking? Fearful? Did they threaten you with rubber hoses?

Even the police can lie about evidence they have - and private parties are not held to the same standard as the police. Thus, if the police don't have to be truthful about the evidence, the employer wouldn't have to be.

Besides, you will say it was duress ... they will likely say that you signed it willingly in an attempt to save your tail end from jail.


2. possibly malious prosicution
Doubtful. Only if the state KNEW there was no evidence at all and they still prosecuted you anyway. At this point the state has a signed confession as well as whatever evidence of missing product the management can provide.

Oh, and having run a bar myself, I know that there ARE ways to track this sort of thing circumstancially.


3. the confession was taken not under oath. So if i could get a couple of standpoints I would appreciate it.
Irrelevent.

That just means you can't be charged with perjury if you falsely confessed to your boss.

Talk to an attorney ASAP.

- Carl
 

morr1321

Junior Member
????

Well the question I have is I have no job so no way of pating attorney's fees. So I'll probably get a court appointed attorney so I'm trying to do the leg work myself. So what possible options do I have other than pleading guilty
 

CdwJava

Senior Member
morr1321 said:
Well the question I have is I have no job so no way of pating attorney's fees. So I'll probably get a court appointed attorney so I'm trying to do the leg work myself. So what possible options do I have other than pleading guilty
You can plead "not guilty" and fight the charges.

The state has to prove you guilty. All you have to do is successfully cast reasonable doubt upon the state's case. However, that confession will be tough to beat.

- Carl
 
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morr1321

Junior Member
well there was one particular bar guest that everyone has, and still is overpouring for so if I could get these people to testify would that help?
 

CdwJava

Senior Member
morr1321 said:
well there was one particular bar guest that everyone has, and still is overpouring for so if I could get these people to testify would that help?
It would have to be a heck of a heavy finger to add up to $2,000!

What time frame are they saying you shorted them in? $2,000 is a lot of heavy shots. Even if you figure DOUBLE shots on EVERY drink, it would take a lot of drinks to hit that amount.

And if the $2,000 loss is the price of product, not the retail price of the liquor lost by your overpouring, then the retail loss would be far greater ... closer to $14,000.

All because someone else is doing it does not mean you were not. Having others testify to someone else also overpouring at the same time you were MIGHT cast doubt that they got the right guy ... but, it really depends on what the prosecution has against you.

If your case is, "Well, yeah, I did it - but so was he ..." you might as well pack your toothbrush.

- Carl
 

morr1321

Junior Member
The $2000 is retail. I have given away beer and occasionally other drinks. However, I've been a bartender for only 5 months and for 2 of those months i was an another store and had not free-poured a single drink there because that store had cameras. I admit I gave a few drinks away but approximately only $150-$250 dollars making it a misdemeanor, not a felony
 

CdwJava

Senior Member
Like I said, the state would have to prove the case - not you. All you have to do is provide witnesses or sufficiently counter the evidence to establish doubt in the veracity of the prosecution's evidence. Having people dime off another bartender doing the same thing at the same time might be a small step toward such doubt.

When you are appointed an attorney he can best advise you how to proceed.

- Carl
 

noone

Junior Member
I think If you are innocent that’s how you should plea. If you know you didn’t stole anything or giving away liquor without ringing it in you should try to prove that on the court.
 

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