Accused of stealing gas

[mingusmingus]

What is the name of your state?Louisiana

I'll start at the beginning. I was purchasing gas w/ my check card. When the machine got to two dollars and some number of cents, the machine stopped pumping and indicated that there was something wrong and I needed to pay inside. I went inside and grabbed one drink in a can before walking to the counter and giving the attendant a ten$ bill. Then I went back out and pumped approx. $9.55 worth of gas, at which point I sent my friend in w/ a nickel, assuming that the can had cost 50 cents. When my friend returned he told me that the attendant had told him that I hadn't pad for any of the gas. I was in a hurry, but before I left, I looked in my pockets and wallet to make sure that the attendant hadn't given me back any change due to some error in comunication.

Days later, I recieved a call from a detective, who wanted me to come in and make a written statement about the incident. I did so, and told the truth, but the detective claimed she had seen the surveilance video in which the attendant supposedly gives me some amount of change for the $10, which I certainly don't remember. I told her that I would like to see the video, she said she didn't have to show me her evidence, but that I would see it in court. I'm almost sure she was bluffing, especially because when I implied it, she acted very offended and began defending herself etc., but I will have no way of knowing for sure until it's too late, so I'm between the preverbial rock and hard place.

I need to know if I can dispute this, and how I should, if I should. I will have to go w/ a public defender if I don't plead guilty. Sorry if there is a more appropriate place for a question of this nature. Any good advice would be greatly appreciated.

 

[mingusmingus]

wrong forum?

 

[I AM ALWAYS LIABLE]

My response:

No. It's just that your post is confusing. Did you pay, or not? Does the attendant have control of the pumps from inside? If you didn't pay, how did you get the gasoline?

IAAL

 

[Smarty Panties]

I read this earlier and I was confused as well. I am curious to know if you went back inside to talk to the cashier after your friend told you the cashier said you didn't pay.

 

[mingusmingus]

The situation is confusing, and I can't say for certain whether or not I paid all the money. As far as I can tell, there was a problem w/ the machine. I assumed that the $2 and something cents had been charged to my check card. The important part is that I don't remember recieving any change after handing them 10$ (in fact I checked in the parking lot) yet this detective claims she has seen footage of me recieving change. I asked to see the footage and she got all high-and-mighty about how she doesn't have to show me her evidence (not a reasonable person), and when I explained that I just wanted to see it because I really don't remember recieving change, she told me I would get to see it in court. It seems like she was bluffing. I would imagine that if I don't plead guilty I run a risk of an increased penalty.

I included in my written statement that my friend had told me that they thought I still owed them money, and I left any way. I need to know if that will completely ruin my chances. If so, I will plead guilty. If not, I could probably use some advice on how to explain this confusing situation.

 

[BL]

I assumed that the $2 and something cents had been charged to my check card. [ QUOTE ]

Have you checked your check card records ?

The way I see it you have ASSUMED a couple a things here.

You assumed your gas was paid for . You assume a drink was 50 cents and you might only owe a nickle, and you assumed you could drive off without going back inside to talk to the cashier.

IaaL has a good question though , How exactly were allowed or able to pump the gas ?

 

[JETX]

Most stations, especially those that have a good 'view' (eye or camera) of the pump stations, allow a patron to pump gas and then pay later.

In my opinion, there are some HUGE holes in the OP's story that would indicate that he is in the wrong. Some are:
1) When the pump stopped ("When the machine got to two dollars and some number of cents, the machine stopped pumping"). The pump would have stopped and the payment made, either by debit card or cash inside and the clerk would have had to reset or over-ride the pump. The pump would not just 'restart' or continue to pump.
2) I can't believe that the writer went inside to pay as instructed on the pump and didn't have a STRONG conversation about what happened, was his card charged, cash paid, etc. and not remember ANY of it??
3) The writer is not clear on how any of this happened... only that it did.

I would suggest to the writer that you contact the store and offer to pay whatever they claim to be the unpaid portion in return for them dropping charges. That will be MUCH less than the cost of defending against this claim and possible fines, etc.

 

[djohnson]

I strongly agree with JETX, but wanted to point out two more obvious holes in your story.


1. You said when it got to 2 dollars and something cents that it said because of a problem to pay inside. This statement alone says you knew it wasn't on your card...

2. You handed her a 10, 2.?? plus 9.55 is way more than 10 anyway without the added cost of the drink, so you knew it wasn't all paid for.

Obviously, without even seeing a video tape, what happened is you gave her a 10 she deducted the drink and (at best) the 2.?? from it and gave you back the change and none of the 9.55 was paid for.

follow JETX's advice