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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
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I was caught stealing money from work. i work as a barber and

Customer Question

I was caught stealing money from work. i work as a barber and on one day i was (un be known to me) being secretly recorded and on that day i had 20clients come in for a hair cut instead of putting all of the clients money in the till i took about £120 and put in my pocket. this was, although a shameful act, it was something i had picked up from looking at the other barbers working there. they would not csh in all the clients and as my boss never visited th eshop they would put some money away and take it home. i was on holiday leave for two weeks and when i came back on the first day back i had been recorded. i was then arrested at work which was a huge surprise to me of what was going on. at the police station i was told that one of the staff had told my boss that i had been stealing money and the boss decided to put in cctv on me.
i owned up to what i had done and was very sorry and i was charged with theft at work and due to go back next month. what can happen to me?
unfotunately when i was 17 (i am now 26) i served a 5year prison sentence for GBH and am on a 5year license after serving half of my sentence already in prison. i have another 2years left on my license, can this crime effect that? will they send me to prison to serve the rest of my time.
this was very petty and i regret doing it. i dont know how to express my shameful decision and i am very scared of going back to prison.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello just to confirm - when did you get out of prison?
Customer: replied 1 year ago.
i got out december 2012 and have had absolutely no crime since
Expert:  Jo C. replied 1 year ago.
Hi.

Thank you for your question. My name is***** m a criminal lawyer and I will try to help with this as my colleague has asked me to. Did you repay the money?
Customer: replied 1 year ago.
no i was more than happy to. i was recorded on sunday, i had two days off work as i normally did then when i went back on wedensday at 10am police came and arrested me on theft. i was baffled i had no idea. the boss could of at least told this is what i believe you have done and i want you to leave as of today and repay all you took. but nothing. i even expressed to the police i am more than happy to pay him back but they said he does not want you to repay the money back
Customer: replied 1 year ago.
about a year ago the boss let off one barber for stealing. but becuase he knew my past being in prison he took advantage of this and used me to be made an example of so that other staff do not continue to take money
Customer: replied 1 year ago.
he also has my paycheck for last week which was £400 and also all my barbering tools which add up to £300. i dont want either of them i just dont want to go back to prison
Customer: replied 1 year ago.
my court date is 26 November. what will happen
Expert:  Jo C. replied 1 year ago.
Ok.
Have you admitted the offence?
Customer: replied 1 year ago.
yes i admitted it as soon as i was interviewd in police station. They then charged me so i am due in court on 26th
Expert:  Jo C. replied 1 year ago.
Ok. There is no way around that then. Unfortunately this is going to be a problem. This is theft from employer committed whilst on a suspended sentence. The advantage is that it is a dissimilar offence which Judges do generally consider although the law doesn't demand that they should. However, you are on a suspended sentence and the starting point is that the sentence should be invoked unless you can show it would be unjust to do so. That is a high test. People do meet it sometimes but it is a high test. It will not be imposed in full anyway as you have done some of it. The default position is to make the community requirement more onerous but that depends how the community requirements are currently going. If you have served most of it then that will be helpful. Sorry but I have to give you truthful information. Can I clarify anything for you? Jo
Customer: replied 1 year ago.
so what do you think my sentence could. What can i do to help the matter when i go to court
Customer: replied 1 year ago.
so what do you think my sentence could be. What can i do to help the matter when i go to court
Expert:  Jo C. replied 1 year ago.
Repaying the money is always helpful. You might avoid custody. It is 50-50 really and depends on factors that cant be judged in this forum. completing your community order is always helpful.
Customer: replied 1 year ago.
how can i repay the money if the boss wont take it. do you think i should contact him myself.?
and how do i complete my community order what do i need to do?
Customer: replied 1 year ago.
also i had to admit to the crime as they ha dme on cctv.
Expert:  Jo C. replied 1 year ago.
You can always make the offer to the officer in the case. You would have been given details about your community order. Check with your probation officer.
Customer: replied 1 year ago.
i explained everything to my probation officer and he told me that i would probably get a writen warning regarding this crime as i am on licence, but what if the boss does not accept me paying back the money and i have to appear in court. What could happen?
i hate that th eboss now claims that its been me stealing all along and it hasnt, but all the staff turned agints me and there using me to hide there own stealing.
Customer: replied 1 year ago.
i was only on cctv once on one day stealing £120.
Customer: replied 1 year ago.
do you recommend i write a letter of apology to my boss and make an offer for paying back the money. or shall i just contact the officer in charge?
Customer: replied 1 year ago.
please can you help
Customer: replied 1 year ago.
please can you answer me
Expert:  Jo C. replied 1 year ago.
No, do not contact your employer. Just make contact through the officer. If he doesn't accept it then make the offer again in court. If probation don't intend to recall you then that is great although I thought you were on a suspended sentence rather than on licence?

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