Asked on Jan 15th, 2013 on Criminal Law - South Carolina
More details to this question:
A few days ago, I terminated my employment. While leaving, I took my toolbox with me. The toolbox was purchased by the company to replace my personal toolbox, that was destroyed by a forklift on site. The supervisor is now claiming that the toolbox belongs to the company and he is going to press charges for theft. The manager that approved the replacement purchase, whom no longer works at that facility, is writing a letter to that effect. I have a clean record and would like to keep it that way. What should I do?
You should not risk an arrest over a few hundred dollars of tools. You have no right to take their property unless you get it in writing that it's not their property due to the prior incident.
Hire a lawyer before you make a wrong move, like open your mouth to police investigators and incriminate yourself. If you exercise your right to remain silent and speak only through an attorney, it will be very difficult for them to charge you.
You have a good argument that the toolbox is yours. However, it might not be worth the legal hassle to fight your case. If you want to fight for your rights, then you should keep the toolbox and be prepared for court. Tools are expensive, but they are probably cheaper than hiring a lawyer. Ask if they will forget about getting the police involved if you return it to them.
When you get the letter, send a copy to your manager by certified mail, return receipt requested. If the police contact you, share the letter and proof that you sent it to the manager. The police will not be too happy with the manager wasting their time.
This is certainly evidence that would need to be presented to the Court if the State brings charges against you for theft. There is a certain manner in which this type of evidence would need to be presented to the Court or the Court may find the evidence inadmissible. You should not take any action and/or inaction based on this information. You should consult with a local attorney in person as soon as possible regarding this matter.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.