Sorry I messed up my last question and it wont let me delete it! Attorneys Advice!?
Posted by | Posted in New Mexico Court Records | Posted on 16-05-2010
Sorry! I messed up on my previous question and the link to edit isn’t working for me! I’m sorry! Well there is a very long story here and I need advice. I realize what I did was stupid and ridiculous and don’t know why I did it. I worked at a retail store with other women and they had told me how the boss said “what he doesn’t know he doesn’t care” so they told me we can take what we want and he wont care. So to make a long story short, we took stuff from the store. Well one night corporate came in and separated all of us telling us there were cameras and they have us all on it. Of course I freaked out and apologized. Well the guy said that they just want the stuff back and the things that cannot be resold that they want us to pay for which I said fine. He said if I choose to not cooperate then he will take it to the police. Well of course I cooperated! THen he made me right an apology letter stating what was taken, who was involved, estimated amount, and that I was not under pressure to write it. So the next morning I took back EVERYTHING.
Then they calculated it to about 5,000. Then I signed a paper saying that I have returned everything and anything that cannot be returned or resold I will pay for and that I will follow the payment plan and if a payment is missed then I will be taken to civil court. Then the guy gave me his card said if I had any questions to call him and that he will be in touch. Well a few days later I went to pick up my last pay check and apologized to my boss then my boss tells us corporate has a district attorney. Well we called the corporate guy and he said nothing. I figured I am going to need an attorney so I called the corporate guy to get a copy of all my papers I signed and filled out well he didn’t answer so I left a voice mail. Then the next day my former boss called me to tell me that the corporate guy called him to tell him to tell us to stop calling (confusing I know sorry). I figured that was childish and that he gave me his card and said if I had any questions to call… well that was about three-four weeks ago and I have not heard anything at all! What should I do? Should I inform an attorney right now? Or wait until I get a court date? Also if convicted what kind of sentence am I looking at here? I’ve studied a little and it looks like 1-5 years in prison, but I am still confused! What is the worst and the best that can happen to me? I am 19 years old and have a very clean record. Is there anyway I can just get probation and community service? I also live in New Mexico.
You MUST contact an attorney right away. A consultation is not that expensive and she will tell you what to do. Do not waste time wondering around. Get an attorney right now!!!
Yes, you definitely need an attourney. If you wait until you are given a summons to court, the judge may feel as though you didn’t care if you don’t start taking action now. Also let it be known that all court records are public and if you want you can go to your local court house and find out if the ‘corporate guys’ have begun a law suit.
OK, first things first – Don’t panic! And don’t go running to an attorney just yet – what could he possibly do at this stage – no proceedings have been instituted against you????
The reality of the situation is that you have committed an offense. This is punishable in one two ways – either the shop owner can take civil proceedings against you (which would have limited effect given that you returned all the goods and/or covenanted to pay for same) or you could be reported to the police, in which case the DPP could be instructed to institute criminal proceedings against you.
However, in each case, assuming that an action is actually taken against you, it will be necessary to serve notice of proceedings on you. Should this occur, you should then speak to a lawyer – at least then there will be some charges rendered against you and the precise nature of same will be clear. Only then can the lawyer advise on the best course of action.
One more bit of advice, don’t sign such pieces of paper again without getting proper advice…..that was your big mistake in this instance!
Perhaps the most sensible course of action is to speak to the person in a position to institute or cause the institution of proceedings against you (the shop owner/boss) and see how he stands on matters.
Its extremely unlikely that you would get a prison sentence for stealing goods, especially where you have returned them! If you need the comfort of legal advice to help you sleep, you should be able to organize a free consultation or at least a cheap one! But he/she will tell you….to wait and see what happens or speak to the boss!