Shoplifting, Larceny, Robbery, Theft First time arrested, need help soon pls

[sadtimes]

Here we go. I was at the local speedway buying my favorite mt dew slushy and gave the guy a hundred, he gave me change, then when i was putting the money in my wallet he proceded to tell me that he gave me the hundred back cause he saw a few more in my wallet, just got paid "not wealthy at all lol" Anyways i told him i dont think so, we argued for a sec and i said ok ok count your draw down and we can get to the bottom of this, he said naw. I said lets look at the tape, he said cant do that ethier, I was being nice and left the guy my number and name. Told him if he could prove it call me and we could take care of it. Well 2 months later my book bag was stolen, i went and found a cop to report it and he said son you have a warrent for your arrest in win ky and i have to take you in, i said take me in what do you mean, JAIL!! I was took in to the place i was then shipped down to where the warrent was, they threw me in a drunk tank deal for 13 hours when finally they said that my wife could come pick me up if she would pay 80 dollars. Anyways 13 hours in jail they let me out on bound lol on bound!!! K i called speedways corporate office and they said they have no info on this and they should have been the first to be explained of a thief.

Question one " and i could really use the law code for ky that this is covered under so i am prepared, i leave in the mourning. "
1. What is the law on someone giving you back too much change, i ask cause i know i dont have the money but if it is in my favor maybe i could get it throwed out first thing.

Question two 2. Since i was arrested, went to jail, paid to get out, would i have a legal suit agaist speedway, I am not talking getting rich or anything but atleast a little for my time and the money i shelled out. Ty very much for your time and i hope i get some good news befor the mouring, ty again guys

 

[sadtimes]

I will be here all day to talk about this so dont be afriad to throw info my way?

 

[mightymoose]

There is no law regarding someone giving you back too much change. You have a civil dispute between yourself and the store. The reason you had a warrant is because the store reported that you STOLE money. The clerk reported that he gave you back the original $100 plus nearly $100 change.

This does not mean you did anything wrong. They will still have to prove that you were given the wrong amount of money. In order for it to be criminal they would have to prove that you did all this with intent.

When it gets down to it, this will likely be dismissed for lack of evidence. If they can prove they were short the extra amount you were given then you may be ordered to repay it, but that is still not a criminal matter without intent to defraud.

Keep quiet about it. Don't contact the store. Hire an attorney or utilize the public defender. Speak only to your attorney. Personally, in this case, if everything you say is true, I would be satisfied with the public defender. The burden is on the other party to show you did something wrong. The fact that you offered to resolve it at the time and you left your contact information pretty much destroys any criminal charges against you.

 

[sadtimes]

ty very much, now do you think if ever thing i said is true do you think that i have a civil suit for money for my mental angush, jail time, slander, etc. I am not one of those type of people but i was honestly humillaited " bad speller" and the money and time i lost, ill be here awaiting your responce, ty

 

[army judge]

ty very much, now do you think if ever thing i said is true do you think that i have a civil suit for money for my mental angush, jail time, slander, etc. I am not one of those type of people but i was honestly humillaited " bad speller" and the money and time i lost, ill be here awaiting your responce, ty

Not so fast, SpeedRacer!

You first have to BEAT the charge that hangs over your head, like the Sword of Damocles!!!

If you get a NOT GUILTY verdict, not just a mere dismissal, you might then be able to consider a civil lawsuit.

First things first, SpeedRacer!

While you await your fate on the current charge, consult with an attorney.

Discuss this case ONLY with an attorney.

If the attorney is willing to represent you on a contingency basis, chances are your chances are pretty good!

 

[sadtimes]

ty very much for your responce, i am afraid i did contact the corparate office of speedway and told them the story, i should have waited but i havnt been involved in anything like this befor. I just told them the truth, the whole thing is on video so the truth will come out. Does anyone one know what a civil suit like this would be looking at for a seattlement, i know its speedway so they would probally come at me pretty hard but i dont have a record or anything. That might be a stupid question and i know that has allot of things involved i just was wondering if i would atleast get a arm put around me and a bone to chew on, ty for your great responces!

 

[sadtimes]

well guys i will be on all night so if anyone has anything to add i would greatly appresheate it, anything, thoughts, ideas, was i slandered if the case is not guiltied and due people get settlements for spending time in jail for false info, ty again.

 

[mightymoose]

You won't have anything worthy of a civil claim against the company.

As you describe it I don't see much of a criminal case against you. It was reported as a theft, but they did not have your version to counter the allegations, so a warrant was issued. I think you will easily beat it if all is true.

If you are ordered to pay money to the store then just do so and be done with it.

 

[bluemann33]

Here we go. I was at the local speedway buying my favorite mt dew slushy and gave the guy a hundred, he gave me change, then when i was putting the money in my wallet he proceded to tell me that he gave me the hundred back cause he saw a few more in my wallet, just got paid "not wealthy at all lol" Anyways i told him i dont think so, we argued for a sec and i said ok ok count your draw down and we can get to the bottom of this, he said naw. I said lets look at the tape, he said cant do that ethier, I was being nice and left the guy my number and name. Told him if he could prove it call me and we could take care of it. Well 2 months later my book bag was stolen, i went and found a cop to report it and he said son you have a warrent for your arrest in win ky and i have to take you in, i said take me in what do you mean, JAIL!! I was took in to the place i was then shipped down to where the warrent was, they threw me in a drunk tank deal for 13 hours when finally they said that my wife could come pick me up if she would pay 80 dollars. Anyways 13 hours in jail they let me out on bound lol on bound!!! K i called speedways corporate office and they said they have no info on this and they should have been the first to be explained of a thief.

Question one " and i could really use the law code for ky that this is covered under so i am prepared, i leave in the mourning. "
1. What is the law on someone giving you back too much change, i ask cause i know i dont have the money but if it is in my favor maybe i could get it throwed out first thing.

Question two 2. Since i was arrested, went to jail, paid to get out, would i have a legal suit agaist speedway, I am not talking getting rich or anything but atleast a little for my time and the money i shelled out. Ty very much for your time and i hope i get some good news befor the mouring, ty again guys

The cashier prob. stuck it in his/her pocket. They had no video?

 

[sadtimes]

they did have a video, thats the thing, i just found out about it after i got arrested that i was wanted. They said i wasnt even suppose to go to the store and i have been there 30 times atleast. As for mooses comment, i may look stupid but i am fileing a civil suit against them for the time in jail, money to get out, etc. I know if paris hilton was wrongly accused she would have a part of speedways azz, probally a new house in the hills of cal. I am not asking for that, i just want what i lost, i think thats only fair. I am going to start looking up on what i can do to get a civil suit against them, even if i lose i still fought for what i believe is right.

 

[mightymoose]

If you think you were wrongfully arrested then your beef is with the police, not Speedway.
The police arrested you on a warrant, and a warrant is signed by a judge based upon probable cause... so your argument against the police is dead already.

As you describe it, you were not wrongfully arrested. If you are seriously planning to sue somebody then I assume you are going to have an attorney, because you won't get anywhere on your own with such an attempt. If that is the case, the same attorney can help you with the super simple legal defense you need for this issue... but it won't be worth the cost. Your choice though.

 

[sadtimes]

ty very much, but what if the speedway employee said false information, which lead the police to falsely arresting me, wouldnt that be the speedways fault?

 

[bluemann33]

ty very much, but what if the speedway employee said false information, which lead the police to falsely arresting me, wouldnt that be the speedways fault?

If that is proven then the employee may very well spend a few hours in the slammer until he/she can post bond. Also would prob. lose their job.

 

[sadtimes]

i feel like jerking him over the conter and beating the crap out of him, this could not come at a worest time, well i guess i am kindy over my whole angryness so if they just drop it i will be ok with that, i still know that if i had money and power of a good attorney then this wouldnt just be me counting my blessings, but anyways i go on the 14th to plead gult or not so i will keep everyone posted and updated...

 

[mightymoose]

ty very much, but what if the speedway employee said false information, which lead the police to falsely arresting me, wouldnt that be the speedways fault?

Your arrest was valid, even if based on false information.
It seems that, at this point, you have no idea what the employees told the police, so you are WAY ahead of yourself.
Also, if the employee gave the police incorrect information, that is not the same as deliberately providing a false statement.
The truth is meant to be sorted out in court.

 

[mightymoose]

i feel like jerking him over the conter and beating the crap out of him, this could not come at a worest time, well i guess i am kindy over my whole angryness so if they just drop it i will be ok with that, i still know that if i had money and power of a good attorney then this wouldnt just be me counting my blessings, but anyways i go on the 14th to plead gult or not so i will keep everyone posted and updated...

Plead not guilty and request to speak with the public defender. I suspect the public defender can make this all go away quite easily. You need to let him know that you left your contact information after the clerk refused to count the drawer.