Shoplifting, Larceny, Robbery, Theft Charged with "Theft By Taking" of property with face value of $0.00

[GeorgiaHoosier]

Charged with Theft by Taking in Fulton County, GA.

I am (was) a Recreation Center employee for a small town south of Atlanta. We regularly had tickets to various events donated or otherwise given to us for use at our discretion.

Most tickets to popular events were used by staff at direction of Program Director and not passed along to constituents. Large lots of tickets were often used for children's or seniors programs. One particular minor league sports team gave 2 lots of 25 tickets to games earlier this year. No less than 40 of them were disposed of without being used.

Program Director told me to utilize tickets as best I knew, since no one was using them, when they next came in. She was fired next day. 25 tickets arrived day after her firing. Wanting tickets not to go to waste, I gave them to people I work with in amateur officiating association. The face value of each ticket was $0.00, and I never asked for any money in return for passing them along.

Sent an email from a work computer offering them for free and stating that they should just be used.

On June 5, I was confronted at work, arrested and charged with misdemeanor Theft by Taking, and booked into Fulton Co. Jail. I was released on a signature bond of $1000 and told to contact a case officer on the 1st Wednesday of July.

The email and a letter that the Acting Director of the Rec Department wrote were added to the police report. I asked to read the letter, and was refused access to it.

I returned the tickets to the investigating officer on Monday, June 9 in plenty of time for them to be used on the date of the event, June 14.

Bottom line question is this:

What are my chances of having this charge dropped and/or having the arrest expunged? Since the "stolen" items had no value, and were returned anyway, can I get this off my record so that I can secure meaningful employment in the future?

 

[jacksgal]

Just because they had no dollar value does not mean it was not theft. You should consult an Attorney as you are currenlty facing criminal charges and criminal record

 

[lwpat]

The key here is whether there is a written policy regarding the tickets and if you can get the previous director to give a statement. They have to allow you access to the file. You can do a discovery request or FOIA request. Usually you just go to the department and fill out a form and pay a small fee.

A notarized statement from the previous director should be enough for the ADA to drop the charges. It doesn't matter that they were of no face value, that you were giving them away or that you returned them but these are mitigating circumstances.

 

[GeorgiaHoosier]

Yes, I already have contacted both the former director and former program director and they have agreed to provide statements supporting me. There was never a written policy regarding donated items, it was all just fly as we go. I really do feel that this stems from animosity toward me and my relationships with the former director and program director. Ironically, I had already given notice of my resignation due to the departmental climate...even without having secured other employment.

I have already contacted a lawyer through my university and fraternity alumni societies. I will have the statements from the former director and program director...and even some civic leaders in the small community have called and offered to stand as character witnesses for me. That may all be ancillary, but I guess it won't hurt anything.

 

[lwpat]

Get the statements and then call the case officer and give him a copy. Ask him to talk to the prosecutor about dropping the charges. If not, you need to ask for a jury trial. If you live in the city you may also want to talk to your councilman since the city is the one filing charges and this appears to be more of a political issue. You can usually skip your arraignment by mailing CRRR a not guilty plea to the court and requesting a jury trial.