What to do, potential criminal charges. | GTAMotorcycle.com

What to do, potential criminal charges.

wearelopey

wearelopey

Well-known member
Buddy was caught stealing a bartenders purse (they caught him on video tape at the bar after the fact). He was very drunk; black out drunk at the time. They got in contact with said buddy, and he simply said sorry and returned the purse to them. They later contacted him and said that there was $1000 missing from the purse. Said buddy pleas that there was no money in the purse to begin with, maybe $30. This was about 3-4 weeks ago.

Just got off the phone with this buddy, supposedly the bartender found my buddies facebook, and is in the cop station with his full name trying to charge my buddy etc.


If what my buddy is saying is true, that there was no money in there to begin with, what should he do?
-call cop station and go in, if he didn't do it then he should just tell the truth
-Just sit tight and relax, this might not go anywhere
-contact a lawyer and get ready (is there anyone he can contact at this time?)

Will the police make a warrant out for his arrest?
Will his parents surely find out (he is 21 mind you)

I know this isn't motorcycle related, but I thought you guys and gals might have some advice.
 
My advice is to find another $4,000 or so to add to the $1,000 that was in the purse. and then use that as a down payment on a good lawyer's retainer fee.
 
If your buddy is telling the truth there is no way of proving it and his integrity is already compromised. Esentially the bartender may be exploiting situation to extort money from him.

However my job puts me in direct contact with restaurant staff on a regular basis and I know how much these ladies can make. It's not impossible or totally unreasonable for her to be carrying that much cash.

If the police are involved it is probably already too late. He is better off using whatever money he has to hire a lawyer if he is charged. (As opposed to paying extortion money) Otherwise he should just turn anything in his posessions over to his lawyer and hunker down for a potential storm.

Whatever he does he should cease all contact with anyone involved and not admit to anything. Above all else he should seek a consultation with a lawyer.

I am not a laywer, barrister or solicitor.
 
He needs to retain and instruct counsel, now, before speaking to the police. I would say he's hooped.
 
All lawyer 24h help lines are going to answering machines.

Anyone know a phone number with a criminal lawyer that will pick up at this time?
 
wearelopey said:
Buddy was caught stealing a bartenders purse. They later contacted him and said that there was $1000 missing from the purse. Said buddy pleas that there was no money in the purse to begin with, maybe $30.
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$1000 cash in a bartenders purse? Yeah....ok. Any cop/judge should be able to see something is fishy there.
 
DaveOke said:
$1000 cash in a bartenders purse? Yeah....ok. Any cop/judge should be able to see something is fishy there.
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That's what I was thinking. I'd imagine the bartender would need to prove that $1,000 was actually lost. If the bar has effective internal controls on cash, then maybe, but I'd doubt it. They'd have to catch him red-handed with that amount in cash to have any real evidence - someone else could have stolen the cash prior to buddy taking it. In addition, does it really sound reasonable that a bartender would leave a purse with $1,000 in it unattended unless it really was empty? That level of carelessness and stupidity on the bartenders part would definitely help your buddy's defense.
 
promac said:
That's what I was thinking. I'd imagine the bartender would need to prove that $1,000 was actually lost. If the bar has effective internal controls on cash, then maybe, but I'd doubt it. They'd have to catch him red-handed with that amount in cash to have any real evidence - someone else could have stolen the cash prior to buddy taking it. In addition, does it really sound reasonable that a bartender would leave a purse with $1,000 in it unattended unless it really was empty? That level of carelessness and stupidity on the bartenders part would definitely help your buddy's defense.
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The bartender isn't on trial and doesn't really need to prove anything other than her purse was stolen. Given that they have video of the thief doing the deed, that should be pretty easy. Also, stealing even just an empty purse by itself is still theft.

It's also not implausible that a person would carry large amounts of cash, especially a bartender in a busy bar where cash tips in volume are the norm. I know my evening's tips to a bartender times 50 other customers like me would add up to $1000 pretty quick.

Whether carrying such large amounts of cash in an unattended purse is careless or stupid is irrelevant. Even the worst carelessness and stupidity on the part of a victim is not grounds for a defense. The law is simply thou shalt not steal. The law does not differentiate between careful and careless victims.
 
promac said:
That's what I was thinking. I'd imagine the bartender would need to prove that $1,000 was actually lost. If the bar has effective internal controls on cash, then maybe, but I'd doubt it. They'd have to catch him red-handed with that amount in cash to have any real evidence - someone else could have stolen the cash prior to buddy taking it. In addition, does it really sound reasonable that a bartender would leave a purse with $1,000 in it unattended unless it really was empty? That level of carelessness and stupidity on the bartenders part would definitely help your buddy's defense.
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WTF? Unless buddy can prove otherwise, he DID steal. Whether or not the bartender left her purse unattended is irrelevant.

So if a drunk tard breaks into your car outside a bar can I call you careless and stupid?


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chances are ur buddy will get a call from the cops asking him to come in and as soon as he walks into the station they will arrest him.
weather the purse was empty or with money is irrelevant. theft is theft. and charge would most likely be the same (theft under $5000)
 
Who says the money was from tips? The amount could be explained as a gift, was going shopping etc. The point is that a grand isn't hard to explain like a million would be. The bartender doesn't have to explain and if chose to, could come up with many valid reasons.

Your buddy was also drunk. Did he give the money way and doesn't remember?

I'm not a lawyer but IMO he should hire one and then take the path of least resistance. Hopefully he will be released pending trial. If he makes restitution and promises to do the right thing etc he probably won't see the cell block for long if at all.

Pay the bartender or pay the lawyer even more and still end up paying the bartender.

That also depends if he has a record. Has he been really stupid before.

Will his parents find out? He's 21.

Yes unless he keeps them as drunk as he was.

Afterthought:

I believe and hope that the drunk defense is no longer valid. That said, if the bar kept serving him after he was blind drunk it gives him a tiny little branch to cling to if played right. One less lash from the whip.
 
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That law is essentially for injury, not wilful acts.

Lawyers work bankers' hours. He'll have to contact one during regular business hours. I would advise that he at least consult with one, immediately, so that he can tell police he does not wish to speak on the matter until his lawyer is present, if at all.
 
Stop talking about the incident.... In a way... you've already burned your buddy by saying he did it.... althouugh nothing typed in this thread could be used for evidence on it's own.
Don't panic and/or call a lawyer yet.... waiting until charged. The only words that he should say to the police, other than identifying himself fully, is "I have no comment and don't wish to speak with you without a lawyer present"
Unless you are paying big money... no lawyer is going to rush down to a police station to sit with you in the interview room....
Forget about the thousand dollars she claims is missing. It is irrelivent at this point. Stealing the purse with or without the money in it... is the exact same charge..... unless the purse itself is worth $4000.
 
I highly doubt this could be used as evidence, seeing as he was caught on camera to begin with. I never admitted or said anything that wouldn't be on the table to begin with.

Buddy is an idiot, enough said. People make mistakes, he just happened to get caught. Whether the fact that he got caught is a good thing or not is up to the person reading.

Thanks everyone, especially to the MODs for not deleting the post.

You guys are good help late at night.
 
klr_guy said:
One of your buddies need some help with his Vegas bankroll?
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Yup F%&$#@ up that trip forsure. But that's besides the point I guess.

Looks like it's going to be a 2-3 man trip now...
 
Have fun getting into the states with a criminal charge. Personally I travel a lot and that's reason enough for me to keep my nose clean. I don't have to be like some of my other friends at the border: "Have you ever been arrested?", "Yes", "Please pull over to the left, thank you."

Tell him to consult & get a lawyer and tell his parents the situation, maybe they will help him without having something on his record.
 
ernyov said:
WTF? Unless buddy can prove otherwise, he DID steal. Whether or not the bartender left her purse unattended is irrelevant.

So if a drunk tard breaks into your car outside a bar can I call you careless and stupid?
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Yeah, he stole a purse. However, the bartender claims there was $1,000 in it. Does the fact that he says so make it irrefutable evidence in a court of law? I don't think so. But yes, the video evidence proves he stole a purse, whatever that's worth. If someone finds my lost wallet, I wouldn't expect to accuse them of stealing my cash, even though it is highly probable that they did.

If I were to leave my wallet with $1,000 cash on the dash of my car in plain sight........I would fully expect to be called careless, stupid, etc. Why don't we all claim we had an amount of cash in our car or home if it ever gets broken into.......say $10,000 or $50,000 for that matter - a rounded number. My point is it doesn't seem at all reasonable that a bartender would be naive enough to leave a purse with $1,000 inside unattended. For a bartender, that is a significant amount of money. A wealthy and impaired patron, on the other hand, sure - they do it all the time.

Actually, I don't see why your buddy couldn't charge the bartender with extortion. She should have left it with the police to deal with.
 
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Blame the victim much?

How do you equate someone who finds a wallet on a street with a scumbag purse snatcher?

The OP's buddy is an admitted thief. All that's at issue is how much he stole. The fact that he returned it, once he realized he was caught, doesn't count for much to me.

How much was in the purse is irrelevent unless it was more than $5,000. As I recall, the charge is either theft under $5k or theft over. Not, "theft of a purse but I gave it back when I realized I was busted".

The OP's buddy should get a lawyer.
 
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