Obtaining property by false pretense

[Codielee93]

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

 

[Codielee93]

Oops

Sorry it didn't post up top. Basically I'm charged with obtaining propertyby false pretense and with misdemeanor larceny. Me and my girlfriend went in Walmart where looking around. I said something about being I'll about window tiny we purchased not working and being curious on if they would take just the package without the tint (all tint was thrown away) she asked me to get her rolls of window tint and bring to her with receipta and asked me to walk to front with her. She told me she would ask if she could return them without tint. She went through with the whole thing and I knew they probably didn't do as she said but didn't say. She said they just took the tint and said to forget the boxes just receipts would work. I did know after the fact there was no way. And wondered why she asked for 2 rolls of tint instead of one to show as example. On the camera it would show me get the tint. Give it to her with receipts at the book station. Me take her books and walk upfront with her and wait on her right outside customer service . When she walked out she handed me the money we walked about 15 feet and I stopped and said theirs no way and camera shows her turn around and hug me and I continue on. They charged us both . How van they charge me for that if I didn't return it. She said she would tell them she lied to me and take the blame for her crime. But my po said that may not be enough..

 

[Eekamouse]

Sorry it didn't post up top. Basically I'm charged with obtaining propertyby false pretense and with misdemeanor larceny. Me and my girlfriend went in Walmart where looking around. I said something about being I'll about window tiny we purchased not working and being curious on if they would take just the package without the tint (all tint was thrown away) she asked me to get her rolls of window tint and bring to her with receipta and asked me to walk to front with her. She told me she would ask if she could return them without tint. She went through with the whole thing and I knew they probably didn't do as she said but didn't say. She said they just took the tint and said to forget the boxes just receipts would work. I did know after the fact there was no way. And wondered why she asked for 2 rolls of tint instead of one to show as example. On the camera it would show me get the tint. Give it to her with receipts at the book station. Me take her books and walk upfront with her and wait on her right outside customer service . When she walked out she handed me the money we walked about 15 feet and I stopped and said theirs no way and camera shows her turn around and hug me and I continue on. They charged us both . How van they charge me for that if I didn't return it. She said she would tell them she lied to me and take the blame for her crime. But my po said that may not be enough..

Your story is incomprehensible so there's no way anybody can answer it. You might try proofreading what you've written first to ensure that it makes sense before posting it.

 

[Codielee93]

Reproof

Okay sorry I'll try and keep it more together. I had bought 2 rolls of tint to tint my windows on car. I was very unhappy with the tint but because the tint was crumpled up and ruined and in trash I was unsure if Walmart would just take the boxes it came in. Me and my girlfriend where in Walmart and it came up. She asked me to get her 2 rolls of tint off the shelf and meet her in the books. I did and then she asked for receipts and then asked me to walk to the front with her. I waited on her outside customer service to see what they said and bc she had asked me to. When she came back she had a 20$ bill and said he said he would just accept the receipts without boxes. I walked about 10 feet and stopped and said what do you mean. She said the guy said he would do her a favor and just take the receipts without boxes. I didn't think nothing of it other then the guy was being a little to nice to do that. The next day me and her received charges for misdemeanor larceny and felony obtaining property by false pretense. I'm on felony probation. My girlfriend said she had lied to me and did exactly as the charges say and wouldnt have done it had she known I could get in trouble for it. So she said she would make it right and tell the da or whoever she needs to to help me the truth. I called my probation officer and told her. She cried. I have been a role model on probation always done as supposed to. She was upset. She told me she didn't know my girlfriend telling them I had no knowledge and accepting responsibility would help. My question is how can they convict me for that if she says herself I didnt know what she had done. And why was I charged for the same thing on my paper. It says I got in the line and returned it. I did not.

 

[Silverplum]

Okay sorry I'll try and keep it more together. I had bought 2 rolls of tint to tint my windows on car. I was very unhappy with the tint but because the tint was crumpled up and ruined and in trash I was unsure if Walmart would just take the boxes it came in. Me and my girlfriend where in Walmart and it came up. She asked me to get her 2 rolls of tint off the shelf and meet her in the books. I did and then she asked for receipts and then asked me to walk to the front with her. I waited on her outside customer service to see what they said and bc she had asked me to. When she came back she had a 20$ bill and said he said he would just accept the receipts without boxes. I walked about 10 feet and stopped and said what do you mean. She said the guy said he would do her a favor and just take the receipts without boxes. I didn't think nothing of it other then the guy was being a little to nice to do that. The next day me and her received charges for misdemeanor larceny and felony obtaining property by false pretense. I'm on felony probation. My girlfriend said she had lied to me and did exactly as the charges say and wouldnt have done it had she known I could get in trouble for it. So she said she would make it right and tell the da or whoever she needs to to help me the truth. I called my probation officer and told her. She cried. I have been a role model on probation always done as supposed to. She was upset. She told me she didn't know my girlfriend telling them I had no knowledge and accepting responsibility would help. My question is how can they convict me for that if she says herself I didnt know what she had done. And why was I charged for the same thing on my paper. It says I got in the line and returned it. I did not.

We can never answer "why" questions, for obvious reasons.

Does it bother you that your gf is so deceitful and stupid? That's a bad combination.

 

[Codielee93]

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She does have a lieng problem no doubting that. But she is willing to accept all the blame for her actions. So I was asking would the da accept that. And if not why? And what would her case be when her only witness besides cameras is telling them I did not know

 

[Codielee93]

.

Sorry about that last why question. Guess I should say what means would she have to still try and convict me. Since my probation officer said it may not be enough to get my charges dropped.

 

[HighwayMan]

She does have a lieng problem...

HUH?

What STATE is this? You ignored that question.

 

[Eekamouse]

Okay sorry I'll try and keep it more together. I had bought 2 rolls of tint to tint my windows on car. I was very unhappy with the tint but because the tint was crumpled up and ruined and in trash I was unsure if Walmart would just take the boxes it came in. Me and my girlfriend where in Walmart and it came up. She asked me to get her 2 rolls of tint off the shelf and meet her in the books. I did and then she asked for receipts and then asked me to walk to the front with her. I waited on her outside customer service to see what they said and bc she had asked me to. When she came back she had a 20$ bill and said he said he would just accept the receipts without boxes. I walked about 10 feet and stopped and said what do you mean. She said the guy said he would do her a favor and just take the receipts without boxes. I didn't think nothing of it other then the guy was being a little to nice to do that. The next day me and her received charges for misdemeanor larceny and felony obtaining property by false pretense. I'm on felony probation. My girlfriend said she had lied to me and did exactly as the charges say and wouldnt have done it had she known I could get in trouble for it. So she said she would make it right and tell the da or whoever she needs to to help me the truth. I called my probation officer and told her. She cried. I have been a role model on probation always done as supposed to. She was upset. She told me she didn't know my girlfriend telling them I had no knowledge and accepting responsibility would help. My question is how can they convict me for that if she says herself I didnt know what she had done. And why was I charged for the same thing on my paper. It says I got in the line and returned it. I did not.

Your explanation of what occurred sounds dubious, at best. Good luck selling that to a judge. It's doubtful you could NOT have known what was going on and even more implausible that you were not an active part of the crime.

 

[Codielee93]

State

The state is North Carolina. I don't know what else to tell the judge besides what she told me. And she said she would do whatever she could to get the charges dropped on me. I don't know what else she could do. I was told by her stepmother not to worry about it because they have to prove without the shadow of a doubt I was involved. Where these words of false hope? I'm so lost on how the justice system can work like that. I wasn't standing with her at the counter when she committed the crime. And I couldn't hear what was said.

 

[Codielee93]

Question

And the knowing. And the part of the crime. Isn't that the same thing? Lieng on a online forum gains me nothing so why would I? I'm looking for advise given the particulars of my case. So your saying whether she says I wasn't involved or not it doesn't matter the judge won't believe it and I will most likely get that charge as well

 

[Silverplum]

The state is North Carolina. I don't know what else to tell the judge besides what she told me. And she said she would do whatever she could to get the charges dropped on me. I don't know what else she could do. I was told by her stepmother not to worry about it because they have to prove without the shadow of a doubt I was involved. Where these words of false hope? I'm so lost on how the justice system can work like that. I wasn't standing with her at the counter when she committed the crime. And I couldn't hear what was said.

It's not "prove beyond the shadow of a doubt." The standard is to prove beyond reasonable doubt. Two very different standards.

Your judge wasn't born yesterday and has likely heard versions of your story many times already. I suggest you get an attorney to help you.

 

[Codielee93]

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Okay I didnt know that's just what I was told. And she will be telling the judge as well. She was going to come to my lawyer with me and explain. We where advised by my probation officer to try and talk to the district attorney before court. But it's hard to talk to them. If not impossible. Is there anything else we can do or is that pretty much it and pray. I keep hearing I'm going to get charged with it anyway and I do have a court appointed lawyer but haven't spoke to him yet. So I was just looking for other attorneys advise. You know basically "your done for prepare for prison" or there's a possibility they will accept her taking responsibility for it. We have a baby born in 2 months. So excuse my asking here before my lawyer. Just worried and doubtful

 

[Codielee93]

.

And one more question. If what I am saying is true since some seem doubtful. Would your advise be to not take a plea and trust in justice system. Or hang it up and accept a plea because I will probably lose anyway and get a lengtheir sentence. My suspended sentence is 10-19 months. And 9 months of that is mandatory post release. I believe this charge carries around the same and they would probably consolidate it. My probation officer would most likely like me to be reinstated. But felony probation plus another felony doesn't seem to leave an option. Everyone I've seen get a felony probation violation did that time. And I understand the fact I am on probation and a felon doesn't look good neither

 

[quincy]

And one more question. If what I am saying is true since some seem doubtful. Would your advise be to not take a plea and trust in justice system. Or hang it up and accept a plea because I will probably lose anyway and get a lengtheir sentence. My suspended sentence is 10-19 months. And 9 months of that is mandatory post release. I believe this charge carries around the same and they would probably consolidate it. My probation officer would most likely like me to be reinstated. But felony probation plus another felony doesn't seem to leave an option. Everyone I've seen get a felony probation violation did that time. And I understand the fact I am on probation and a felon doesn't look good neither

Following are links to the North Carolina laws that you are said to have violated, Codielee93.

False Pretenses and Cheats (see Section 14-100): http://www.ncga.state.nc.us/EnactedLegislation/Statutes/pdf/ByArticle/Chapter_14/Article_19.pdf

Larceny of Property (section 14-72): http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-72.html

Because you are on probation with a suspended sentence, you are likely to find your probation revoked and your original sentence reinstated, with additional time for the misdemeanor and/or felony charge if convicted. Although I think it could be possible for you to get the felony charge dismissed, you really need to rely on the advice of your attorney. Your attorney will work with the prosecutor and your probation officer to get you the best outcome possible based on your past history, the evidence against you and, if your attorney believes your girlfriend's testimony can help you, your attorney will work with that as well.

You are correct that it doesn't look too good for you because it seems unlikely that you could be totally oblivious to what your girlfriend was doing with the return. Good luck.