Accused of Petty theft...have to go to court...have no idea what's going to happen?

Question

Long story short...about two days before I left my husband (literally left him (bad marriage) ) we had lunch at a restaurant. I left money on the table and went to the car. He finished, we went home.

I was working at a company who completed a background check and found I had a warrant for my arrest.

I have to go to court next week. I've never been in trouble other than a couple of speeding tickets.

I did leave the money on the table, I believe he pocketed it.

What can I expect in court?

Oh..the bill was for $18, it was over a year ago and the restaurant is closed.

Answer 1

talk to a lawyer who will see if you can present your case in a way that shows you did not intend to steal.  A crime involves both an act and intent, and both have to be proven beyond 'reasonable doubt.'  Otherwise, follow other posters' suggestions about talking to the district attorney and asking for diversion.

Answer 2

If you can talk to an actual lawyer before going in, I recommend doing so.  On here there's the risk that the advice you get may be worth what you paid for it.

I expect that you'll find that talking to a lawyer was completely unnecessary, but better safe than sorry.  Courthouse staff are people like anyone else: some are more competent than others, and a few are actual bad apples, but the vast majority decent people doing their job.  The situation sounds like something that would be routine for them, despite how unusual it is for you.  They'll probably know what goes on the paperwork, and you'll just sign and (maybe) pay and that's that.  Since theft is a criminal matter, you have lots of rights associated with actual criminal proceedings.  Since it's a routine nothing incident, you'll be better off not exercising most of your rights, just getting it done.  The fact that you're coming forward voluntarily well may count for a lot.

Since you didn't hand the money to someone associated with the restaurant, you may be technically guilty of something.  It may matter whether both lunches were on the same bill.  It may matter that you left before he did.  It may be different from state to state, or even city to city.  I don't know.  Findlaw.com may have some useful resources, both for locating a lawyer and for learning about the law.

Finally, I would be careful of putting too much weight on your then-husband's ill intent.  You left money, but you didn't ensure that it got to the restaurant.  It could have been some random passerby who picked it up.  It could have been a waiter who saw a one on the top and mistook it for a tip.  

Edit: As someone said, one story, the truth.  For example if you're not absolutely sure you left money on the table rather than handing your husband the money on the understanding that he was going to pay the bill with it, don't make yourself sound absolutely sure and then get hesitant afterward.  You obviously do know that you have never intentionally skipped out on a restaurant bill, though.

Answer 3

Make sure you keep telling the same story: the truth. Don't accept a plea deal.

Was your ex also charged? Make sure you bring up that point. This seems to be an odd situation for a petty theft charge. First of all, they'd have to be able to prove it was you that ate in the restaurant, as well as skipping out on the bill, not accidentally leaving, believing your husband was paying. I'm guessing here, but I bet he's the one who gave the police the info about you.

What will most likely happen is that you'll go to the courthouse, and meet with the ADA in charge of your case that day. They will talk to you about the charge. If you don't come to an agreement, you go before the judge. They will ask you how you plead. You answer. They will decide if you need to be bonded over until your next court appearance. It probably won't take more than fifteen minutes.

You really should consult a defense attorney, if you haven't already. The legal system is meant to be fair. That's not always the case.

For those of you who were wondering, in very few jurisdictions do people "press charges." The county District Attorney generally decides who is going to be prosecuted, and on what charge(s). That way, our legal system is not tied up in frivolous cases.  In a case like this, it sounds like the soon-to-be ex could have pocketed the money, then given the wife's info to the police. It's not that uncommon of an abuse tactic.

Answer 4

Given your description of events,

I'd get a lawyer....

what evidence  do they have against you?

You could just as easily say your husband said he was going to pick up the bill and thats why you left him there.

I mean unless they can provide some kind of evidence that you ditched that bill, or that it was even YOU that ate lunc there, what kind of case do they really have?

get a lawyer, a lawyer will talk you out of this pretty easily

Answer 5

First of all it has to be some thing else because a restaurant is not going to worry about an one year old $18 tab when they are closed down now. I say this because it would cost them more in court fees then to just let it go. You should think real hard what it could be and then get a lawyer because it is no joke if the person or persons are taking it to court.

Answer 6

I would make a call to the District Attorney, tell him the story about you and your husband breaking up and that you left your part of the check on the table when you left. Let them know that you believe that your ex-husband pocketed the money as some sort of revenge.

Explain how you found out about the warrant

Let the DA know that you no longer live in the state and ask "What do I need to do to clear this up without coming back to the state"

If your side of the story sounds reasonable they are likely to drop the case (hopefully with prejudice so it can not be brought back up) and clear the warrant.

Just get on the phone as soon as possible, if the DA says you need to appear then you want to have time to do so. I doubt that you really need a lawyer, just plead not guilty. When the judge asks if you want a trial tell him that you live out of state and would settle for a judge to hear the case. Even if you lose you are likely only going to face a small fine.

Answer 7

Well, first of all, that's weird. You don't live in the state where it happened, yet they are arresting you? And it's only coming up now, a year later? And the buisness is closed? Well, the only thing I can tell is to tell the truth. A judge will be fair and listen to your side. Just be sure not to lie, cause they will catch you, and try not to stutter, or get all sweaty. I know judges can be intimidating, but I'm close friends with a couple of judges and they are normal people. But that's really weird. I'll have to ask my friends, but I don't think they can charge if your in another state. Unless your going back to that state for the hearing. And who's pressing charges? If the buisness is closed, well, that's just weird. But just expect a small room. It won't be filled with be filled with people like on TV, and it might not even be in a courtroom. Just be truthful, is the best I can tell you I guess. Hope this helps!

Answer 8

This is a first time offender situtation for petit theft. The worst case scenario would be probation, restitution ( not sure of that since the restaurant is no longer in business) and a misdemeanor conviction.

What is strange in this scenario is that the restaurant knew you well enough to file charges against you. Also, if you were there with the hubby at that time, why you and not him?

At any rate, given your statement at a face value, the only thing you can do at this point is go into court, ask for diversion ( which erases the entire charge upon completion of all sanctions ( fines, restitution and probation) and explain what happened, why and how.

I will pretty much guarantee the DA's Office is going to wonder and ask the same thoughts I have above here before accepting your statements at a face value.

Best of luck and I hope this is useful to you