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cweber9

Junior Member
What is the name of your state (only U.S. law)? oregon my name is cassie

I have a question. A Friend of mine used a gas card from her husbands previous work and the employer found out about it. She has had no priors ever, and I know she just made a mistake. She told me she didn't realize how many times she had used it. I think she said the employer told her husband it was like 3500.00. The only evidence they have is a video of someone looking like her getting gas. No witnesses or statements. Do you think she will get jail time? or get a plea of probation? thank you very muchWhat is the name of your state (only U.S. law)?
 


No way to tell what will happen. What has she been charged with? She will at the very least have to pay back the 3500 she stole from the company.
 

cweber9

Junior Member
she hasn't been charged with anything yet. Her husband had talked to the boss to see if they could just set up a payment plan to pay him back the money. he said it should be fine then never called them back. Friday a cop came to her parents house and said her and her husband needed to go down to the employer and sign something saying she did it, or they would file charges and she would be picked up before christmas. They went and spoke to a lawyer and he said not to sign anything because that is giving them more leverage. and that there is really no way for them to file charges and pick her up before christmas. she is really freaking out because she has never done anything like this and is very scared. Any advise for her?
 

cyjeff

Senior Member
she hasn't been charged with anything yet. Her husband had talked to the boss to see if they could just set up a payment plan to pay him back the money. he said it should be fine then never called them back. Friday a cop came to her parents house and said her and her husband needed to go down to the employer and sign something saying she did it, or they would file charges and she would be picked up before christmas. They went and spoke to a lawyer and he said not to sign anything because that is giving them more leverage. and that there is really no way for them to file charges and pick her up before christmas. she is really freaking out because she has never done anything like this and is very scared. Any advise for her?
Get another attorney.

There is nothing preventing the employer from charging them both with felony theft.

And it would take about a day to arrest them.

Refusing to work with the employer wouldn't be very smart. Have the attorney with them, sure... but tell your "friend" to be very careful.

Pissing off the employer right now would be stupid.

Oh, and no one charges $3500 to a gas card and doesn't realize it. Even at $100 a week, that is seven and one half months.
 

outonbail

Senior Member
Oh, and no one charges $3500 to a gas card and doesn't realize it. Even at $100 a week, that is seven and one half months.
Not when you charge gas for friends and family. Maybe even sell some to strangers at a discounted price,,, you know how enterprising thieves can be,,,,, They start using it once or twice, it doesn't get noticed so they increase the use a little bit and the next thing you know, they have 55 gallon drums being filled and stocked up in the back yard.

So I figure she charged this fuel in three months or less,,,,
 
Why should the employer continue to carry the debt while your "friend" tries to pay it off over time. How reliable do you think someone that would steal 3500 dollars from someone would really is? Your "friend" should be prepared to spend Christmas and some more time in jail. It is a good thing she is scared, she really should be.

Certain crimes, including most theft crimes, may be compromised and dismissed if the complaining witness (victim) and the court (judge) agree. There is a formal process to apply to have charges dismissed pursuant to a civil compromise. First, the complaining witness must acknowledge in writing that the person has received satisfaction for the injury/theft. Next, the court must be convinced that dismissal of the charge(s) pursuant to civil compromise is appropriate. If both of these conditions are met, the court will sign an order dismissing the charge(s) pursuant to the civil compromise.

Several issues may affect the ability of a defendant to obtain a civil compromise. Whether the DA objects, consents, or takes no position is a significant factor. Also, if a defendant has a prior record or a prior civil compromise, getting the court to agree to a civil compromise may not be possible. Some judges will not approve a civil compromise agreement for employee thefts or vulnerable victim (elderly / disabled) thefts. Sometimes the court will require that the defendant sign a release of liability against the complaining witness and police officers in order to obtain a civil compromise. Some courts charge fees to approve a civil compromise agreement.

Keep in mind that many corporate theft victims are unwilling to sign civil compromise agreements.

Theft in the first degree under ORS 164.055 affords your "friend" a presumptive sentence of 13 months incarceration or possibly longer.
 

cyjeff

Senior Member
Why should the employer continue to carry the debt while your "friend" tries to pay it off over time. How reliable do you think someone that would steal 3500 dollars from someone would really is? Your "friend" should be prepared to spend Christmas and some more time in jail. It is a good thing she is scared, she really should be.

Certain crimes, including most theft crimes, may be compromised and dismissed if the complaining witness (victim) and the court (judge) agree. There is a formal process to apply to have charges dismissed pursuant to a civil compromise. First, the complaining witness must acknowledge in writing that the person has received satisfaction for the injury/theft. Next, the court must be convinced that dismissal of the charge(s) pursuant to civil compromise is appropriate. If both of these conditions are met, the court will sign an order dismissing the charge(s) pursuant to the civil compromise.

Several issues may affect the ability of a defendant to obtain a civil compromise. Whether the DA objects, consents, or takes no position is a significant factor. Also, if a defendant has a prior record or a prior civil compromise, getting the court to agree to a civil compromise may not be possible. Some judges will not approve a civil compromise agreement for employee thefts or vulnerable victim (elderly / disabled) thefts. Sometimes the court will require that the defendant sign a release of liability against the complaining witness and police officers in order to obtain a civil compromise. Some courts charge fees to approve a civil compromise agreement.

Keep in mind that many corporate theft victims are unwilling to sign civil compromise agreements.

Theft in the first degree under ORS 164.055 affords your "friend" a presumptive sentence of 13 months or possibly longer.
Unless, of course, the judge decides to look at every time the card was used illegally as a separate charge.
 

cyjeff

Senior Member
One last fun little point.

Calling the employer back and asking about payment terms will, in most courtrooms, be an admission of guilt.

Innocent people do not pay back victims unless forced to by a court of law.
 

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