Legal Question in Criminal Law in California

Retail Theft Criminal Law Question

I�ve been working at a retail store for 2 years. Since January or so I have been stealing small items from the store and selling them on E-Bay. The total amount of merchandise stolen (and posted on E-Bay) does not exceed $2,000. I was told to take a phone call from �home office�. The man asked to tape record me, had me state my name, and the date. He then began to ask me questions concerning all of this and said that they had my E-Bay screen name and said what I had done was the equivalent to several felonies. He said the company would be more willing to work with me if I was compliant. He asked on average how many items I stole per shift per week. I told him every week was different. He made up an average dollar amount, and multiplied it per average shifts per week. Basically, he pulled this giant number out of no where, which totaled about $11,000. He asked if I would be willing to pay them back & they had me sign a payment plan & write a 1st payment check. I was so nervous I just agreed. He said if I brought in any merchandise that was sealed and able to be resold they would deduct it. I only brought in about $180. I am very worried because I DID NOT STEAL $11,000. What is going on? What should I do?


Asked on 11/01/03, 7:05 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Retail Theft Criminal Law Question

You should have kept your mouth shut, because everything you told him is potentially going to be used against you in court. Since you can't go back in time and take back what you said, you should hire an experienced criminal defense attorney. Now.

You should also make sure to preserve records of all the eBay transactions you can, in order to try to show that the actual amount you sold is less than the loss control officer speculated. Unfortunately for you, even if you can persuade a jury that you sold less than $2,000 of items on eBay, the may still believe the total amount you stole was far more than that. I also note that the sale price on eBay is not necessarily anything close to the actual value of the items.

Good luck.

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Answered on 11/01/03, 8:06 pm
Steven Mandell Law Offices of Steven R. Mandell

Re: Retail Theft Criminal Law Question

I agree with everything Edward Hoffman said, but have a different reason for keeping records of what you sold on E-Bay. Just knowing what you sold, not what amount you sold it for, will allow you to compute the retail value of the items you've sold over E-Bay. The money you received is largely irrelevant. Loss to the store is figured by the retail value of what you took.

Ed Hoffman said you should not have talked to the loss prevention guy, but it's too late. True enough. You can't unring the bell. But, there are ways to deal with a statement that can minimize the damage. So, read my lips: GET A CRIMINAL LAWYER!!! Damage control starts now, and you need to be proactive in your defense. If you'd like to discuss this matter with me, feel free to call me at 310 393 0639.

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Answered on 11/01/03, 8:46 pm


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