QUESTION
Can I be charged with theft of funds if I did not know about the shortage?
Asked on Nov 22nd, 2011 on Criminal Law - Massachusetts
More details to this question:
My employer accused me of theft. It was said that my revenue bags was short on a variety of occasions. When said bags was checked it was said to be short on four different incidents totaling $43. I had no knowledge of shortage until a couple of days after my reliefs told me they discovered extra money in the back of the register drawer. I was given the funds and remitted what I was given as possible shortage. My employer still wants to charge me as theft of funds. Is that possible to charge me with theft? I had no knowledge of shortage until my reliefs brought it to my attention.
23 ANSWERS
It's a matter of he said she said.
Answered on Jul 03rd, 2013 at 12:56 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Theft is a specific intent crime. If you did not have any awareness of any missing funds, then that would be a good defense to any theft charge.
Answered on Jul 03rd, 2013 at 12:51 AM
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It's easy to get charged, but sounds like a very dependable case.
Answered on Jul 03rd, 2013 at 12:50 AM
Steven D. Dunnings
Yes you can be charged, the question is can the charge be proven.
Answered on Jun 02nd, 2013 at 9:17 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on May 31st, 2013 at 12:56 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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It is possible but the authorities - police in investigating and DA's office in making a decision on whether to accept charging - will require evidence.
Answered on Dec 05th, 2011 at 3:34 PM
Jacob P. Sartz
I would advise you to retain a lawyer. If you need specific legal advice for your particular circumstances, you should consult privately with an attorney. Most attorneys provide free initial consultations. Speaking generally, simply because someone is alleging they want to press charges or request charges does not mean that charges will actually filed. First, the police need to conduct their own research, do their own investigation, and interview potential witnesses and the victim. Even after the police department files the initial report with the prosecutor's office, an attorney with the prosecutor's office will need to thoroughly review the documents and determine whether they can even bring charges in good faith. Even after all these steps, simply because a person is charged does not mean they are guilty of anything or that they will be convicted. Anyone charged with an offense is presumed innocent until proven guilty beyond a reasonable doubt. State of mind and intent, with the exception of certain types of criminal offenses known as "strictly liability crimes" is always an issue. A majority of criminal offenses require at least some evidence that the person intended to commit a criminal act. I'd recommend you retain a lawyer. What you say and do can and will be used against you if charges are ultimately issued and obtaining representation now may have a significant impact on the possible outcomes. Respectfully,
Answered on Dec 01st, 2011 at 8:22 PM
Michael J. Breczinski
They can try to bring charges but it is not up to them. It is up to the prosecutor to decide if there is enough evidence. I would not be making any statements without an attorney.
Answered on Dec 01st, 2011 at 6:56 PM
Geoffrey MacLaren Yaryan
Your not guilty of a theft unless you knowingly took property with the intent to permanently deprive the owner of that property.
Answered on Dec 01st, 2011 at 1:05 PM
Insurance Defense Attorney serving Portland, OR
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American Family Insurance Group
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The short answer is yes you can be charged. That does not mean they will be able to convict you.
Answered on Nov 30th, 2011 at 4:35 PM
Ultimately, it will be up to the prosecuting attorney to determine if there is probable cause that you committed a crime. Only the prosecutor can authorize criminal charges.
Answered on Nov 30th, 2011 at 2:44 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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In general, all crimes have some element of "scienter" to them. This is essentially the intent behind the crime. Where something is done innocently, in most cases there is no crime. In your case, there is an obvious difference of opinion. The employer claims you intentionally took the funds. You claim no knowledge. This type of difference is precisely what trials are made from. It will be for the judge.jury to decide after listening to all of the facts. In the process, your attorney may be able to secure a dismissal of the charges or get an agreed disposition which will resolve the case short of going to trial.
Answered on Nov 30th, 2011 at 2:38 PM
Your employer can file a police report however individuals nor companies can file criminal charges. Criminal charges can only be filed by a prosecuting agency. Your case will have to first go to the police the police will have to forward it to the DA and the DA will decide to file charges. In this case that seems doubtful.
Answered on Nov 30th, 2011 at 2:09 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Be very careful not to say anything that can be used against you. You could bE charged, but I don't think it will stick.
Answered on Nov 30th, 2011 at 1:27 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Anybody can be charged with any crime. It's one thing to charge or accuse someone, it's another matter entirely to prove those allegations beyond a reasonable doubt. There is no way to determine the strength or weakness of your case based on the limited facts we have. Consult with an experienced criminal attorney and have him review the record and police reports in order to advise you of the likelihood as to what will happen and what steps you should take.
Answered on Nov 29th, 2011 at 5:21 PM
Depending on how old your son is the prosecution will review the incident report and decide if he will be charged in adult court or in juvenile court. The prosecution can take up to a year to make decision to charge your son. Your son does not have to be taken to the police station, read his Miranda rights, photographed, or fingerprinted by the police for him to be charged with a crime.
Answered on Nov 29th, 2011 at 4:46 PM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
You can be charged if the prosecuting agency does not believe you; however, it should be tough for them to obtain a conviction. You can steal something on accident. There must be intent. Now if it appears on the facts that you "intended" to commit the theft, it will be up to you and your attorney to show otherwise.
Answered on Nov 29th, 2011 at 4:46 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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Well, it is always possible but it may not be very probable. Your employer cannot charge you with a criminal offense: only the district attorney in your area can do that. The employer can report a possible theft to the police, who may investigate. From here it can get a little complicated in terms of what the police can or may do, but ultimately they will send the results of their investigation to the DA who will then decide to file charges or not, and if so, what charges to file. In these circumstances, the DA may or may not decide to file charges. This is true regardless of whether or not the employer wants to prosecute, or the opposite, if the employer does not want to "press charges." I will say this: knowledge is an element of any offense; so is a thing called "mens rea," which basically means that the accused has to have a criminal intent. Under the circumstances you describe, if you made a mistake (or two), that does not usually rise to the level of a criminal offense. On the flip side, the employer is entitled to take whatever action he feels appropriate - under the law - regarding your employment. That is up to him and not the DA. You best be more prudent - count the money after each shift and make sure it's accurate. Have a co-worker verify this for you and you shouldn't have any more problems.
Answered on Nov 29th, 2011 at 4:13 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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In any theft case, they must prove beyond a reasonable doubt that you deliberately took money (or other property) with the intent to permanently deprive the owner of their property. If the money was in the cash drawer, then how in the world do they expect to prove that you took anything? This may be all a bluff by your employer, but if it goes beyond that, keep your mouth shut about this - no statements to anyone... not your employer, not the HR department and especially not the police. Instead, find a local criminal defense attorney to sit down and discuss all the details in confidence so you can see where you're going with your case.
Answered on Nov 29th, 2011 at 4:10 PM
James Edward Smith
Doubtful if you would be prosecuted over $43. The DA would have to show a specific intent to embezzle money which, according to you, can not be shown.
Answered on Nov 29th, 2011 at 3:45 PM
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Theft requires general intent, which means knowledge - if you did not know, you are not guilty - but that is a trial issue, so you can be charged but should not be convicted.
Answered on Nov 29th, 2011 at 3:02 PM
Criminal Defense Attorney serving Lake Charles, LA
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Michael R. Garber
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It doesn't sound like the kind of case a prosecutor would want to pursue.
Answered on Nov 29th, 2011 at 3:02 PM
If the court has cause to believe that a crime was committed then a criminal complaint can be brought against the accused. A criminal complaint can be brought by the police or it can be brought by an individual. In this scenario that you outlined, an employer who believes that an employee has stolen from him, has the right to go before a clerk magistrate in Massachusetts and request that an application for a criminal complaint issue. If your employer does file an application for a criminal complaint, you have a right to be heard at that complaint hearing. If money was missing from your drawer that may be cause to issue a criminal complaint; however, if you had no knowledge of the missing money and that can be established, you will not be convicted of the crime. You may be charged but you are not likely to be convicted. Consult with an attorney and hire an attorney before any clerks hearing or before any hearing before the court. This is the type of matter that should be resolved before a clerk magistrate. It should never make it to the trial court.
Answered on Nov 29th, 2011 at 2:56 PM