Can I be charged with theft?
UPDATED: Oct 1, 2022
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Can I be charged with theft?
I was the assistant manager for a company and in charge of the paperwork and deposit of the days I worked on weekends. I was recently terminated due to deposit amounts of several deposits ranging from approximately 3 months of not matching what the computer deposit input was. Ex my deposit I wrote out was $345.27 and the computer would reflect an amount of $365.27. When questioned about it I stated my amount was the actual cash in front of me and the computer amount was what the paperwork calculations said should be the deposit. I was in so many words accused of taking the cash and terminated. The police were called and when asked about being provided with copies of what they were referring to their evidence I was denied. What should I do? No, I didn’t steal any money. I’m not sure of the amount they are accusing me of, I believe it’s over $500.
Asked on January 24, 2019 under Criminal Law, Missouri
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
Yes, you can be charged with theft due to this, since there is evidence that money disappeared from your deposits in a way that suggests that you took or stole it. To charge you, all that is necessary is "probable cause," which is essentially evidence that it is more likely than not that you commited the crime, and the discrepancy between what you deposited and what you should have deposited most likely provides that.
That does not necessarily mean you will be convicted, however. To be convicted, a higher standard of, or much more, evidence is needed: "proof beyond a reasonable doubt." What you describe may well not be enough for that. Less evidence is required to charge than to convict.
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