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? about felony theft.?

OK...I have posted this before, but I feel the need to re-post and try to make it a little clearer.

My friend "J" has 2 special needs kids, and "A" has been their respite provider for the last 7 years. "A" has practically been a member of the family for many years...she gives the kids medical treatments, cooks for the family, drives the kids to tutoring, etc. COnsidering this relationship, J has a habit of sending A to the grocery or to Wal-mart to buy specific things for the kids. She hands A her personal CC to pay for the items.

So J has been having marital issues, some about money ( who doesn't?), but she and her hubby decide to separate finances last month. In the process they look closely at CC bills and discover an alarming pattern: every time A is sent to wal-mart there is a charge for the $20 ( or whatever amount) in items J sent her for, then a few minutes later there is a $100. Every time A is sent to the grocery there is a charge for the groceries, then a few minutes later a charge for $50. The stores pulled receipts and told J what they were for....things that J never saw. It was apparent that A was making purchases for personal use. J fired A and called the police. In the course of the investigation it was discovered that there was more than $5,000 in purchases over 2 years or more.

I have done the research in Ohio...that would be considered felony 4 theft. The punishment is 6-18 months in Jail and a fine of "up to $5,000". My question is this...what is the likely sentence? Is there a chance that this woman will get away with a small fine and no jail time? What are the chances that J will recover any of the money. The CC company is trying to say they do not have to refund any of the money since J handed A her CC.

Update:

A has admitted to 2 years of theft. The month it was discovered there was at least $1,000 of theft discovered in one month. Seeing as how she works 40 hours a week making really good money ( I would say probably $15/hour or more), I think it was greed, not need that compelled her to steal. She chose to steal pre-paid CC ( ironic, huh?) and gift cards for expensive restaurants plus clothes and jewelry for herself. She has no children of her own ( her boyfriend has a son), a nice car, and her boyfriend has a good job.

Update 2:

J's lawyer said "you may have handed her your CC, but you did not authorize her to go on a shopping spree for herself"

2 Answers

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  • TK_M
    Lv 5
    1 decade ago
    Favorite Answer

    I am very sorry to hear this.

    Sadly, as far as I know, the credit card company is well within their rights to refuse to give the money back, as the card was used with the full knowledge of J. You are not supposed to do that and the CC company has trusted J with thew card, they do not know A and have no contract with them.

    The only thing J can do is to perhaps sue A for restitution of the money, plus possibly damages. If A has nothing, then the money is probably gone for good - I am sorry.

    As to what sentence A will get, I cannot possibly know. Are they admitting the theft? If so, it will probably come down to mitigating circumstances - In effect, how good a sob story they can tell the court and judge. If they are highly disadvantaged, then the court might well take a very lenient view, but if they have past convictions (proving they have learned nothing from being given another chance) and seemed to be plotting this for a while and also seem to have done it for greed, rather than need. Then they are likely to hand out a very harshsentencee.

    I am sorry not to have moredefinitee news for you, I hope it helps you though? Good luck.

  • Anonymous
    4 years ago

    Petty theft is something $401 or below, and that's a misdemeanor. The greenback properly worth ought to selection in line with state, whether it is $4 hundred in California. At $401, it turns into Grand theft that's a criminal. Misdemeanors won't immediately disqualify you from a job in regulation enforcement, yet is many times a cement wall for people who do no longer take care of it top!

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