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Criminal Defense for Second Degree Theft.Someone that I know was fired from a retail store for second degree theft of an amount accumulated of $280 dollars. She marked down some clothes for her co-worker only after knowing that the managers did the same amongst themselves. One would assume that the managers would receive the same punishment. Also, an employee confronted her and informed her that she was going to be fired before she even knew it. The Loss Prevention Manager did not comply with her confidentiality rights and her employees were aware of what was going on before she did. She is now facing a fine of 10,000 dollars or up to five years in prison. What can be done? Attorney answers (3)
Reputation Level 20
Answered about 3 years ago.
Family Law Attorney in Renton, WA.
What she can do is review her facts with an attorney. What she should also do is to stop discussing the details of her case with anyone without the advice of her attorney.
Unless you are her attorney, religious counselor, husband or some other privileged individual, you can be compelled to testify everything that she tells you. If your friend's income is low enough, she can ask for representation by a public defender. Information about public defenders should be available at the court that is hearing her case. Depending on her criminal history, she may not end up having to serve the maximum sentence. If the prosecutor cannot prove a case against her, the case may be dismissed or she may be found not guilty. The prosecutor may offer her a deal that involves much less punishment. The prosecutor may even agree a deal that eventually will result in a dismissal of the case against your friend. Without knowing much more information, no one can opine as to what will happen specifically with your friend's case.
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Reputation Level 7
Answered about 3 years ago.
Government Attorney in Spokane, WA.
Theft greater than $250 but less than $1500 make this offense fit the description of Second Degree Theft, a felony. As to whether the managers should be charged as well, such an argument is not relevant to your friend's situation. The prosecutor will review the facts based solely on your friend's misconduct and will decide whether to make any offer to reduce the charge. Even if your friend gets convicted of the felony, or pleads guilty as charged, the standard sentencing range for Second Degree Theft is only 0 - 60 days if your friend has no prior felony convictions. Five years is the statutory maximum rather than the standard sentence. As for the loss prevention manager not complying with your friend's "confidentiality rights" I really have no idea what that means. Your friend has no right to secretly steal from her employer, so she should not expect loss prevention to keep it a secret from law enforcement. Bottom line is that your friend should seek advice from a competent attorney with experience in criminal law.
Reputation Level 8
Answered about 3 years ago.
Criminal Defense Attorney in Everett, WA.
The loss prevention officer is an employee of the store not an agent of your friend, therefore has no loyalty to your friend. Speaking to anyone about the facts of this case, especially to the loss prevention officer, is a very bad move.
Second Degree Theft is a Class C felony, and as prior posts pointed out, the sentencing range is 0-60 days if you do not have any prior felony history. The Court can only sentence your friend to longer than 60 days if it finds substanial and compelling reasons to do so. Your friend should speak to an attorney immediately. Related Questions3 Attorney answers: 
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