by jbleezy on December 16th, 2007

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I recently had an employee take a check for $108.95 from a customer, who for some reason left the check blank, and he wrote his name on the check and went to the money store and cashed it. can i press charges?

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by Anonymous on December 16th, 2007
The term "press charges" is somewhat of a misnomer. What your employee did was a crime, and you should call the cops. However, the decision to file charges is 100% up to the DA. In the alternative, most jurisdictions allow a citizen to effectuate a prosecution. Here, you accuse the person of the crime and you actually present the evidence and try the case.

If you want the person to be prosecuted and the prosecutor decided not to, there is nothing you can do to force the prosecutor into prosecuting. Conversely, if you don't want to file, the prosecutor could still file charges. In this case, it would seem that there would be plenty of evidence and the prosecutor would most likely file. But when you talk about "pressing charges," all you are really talking about is deciding whether or not to involve the criminal Justice system.

Cops often use ask "do you want to press charges." They do this for one of two reasons. First, if they cannot arrest, you still can and prosecute the case (this allows the cop to take a person into custody who the couldn't otherwise). They also ask you when there is probable cause to arrest, but the evidence is primarily your word against the accused. In these cases, if you do not cooperate, the person will go free due to lack of evidence. Thus, the cops would rather not arrest if you are just going to not cooperate in the future.
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- thanks for the info. would this be a felony if he was prosecuted?
  
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  by jbleezy on December 16th, 2007
- It depends on how it was filed and your states laws. Due to the amount of the check and the fact that he didn't forge a signature, it is probably a wobbler in most states. A wobbler is a crime that can be a misdemeanor or a felony, it just depends on what the DA chooses.
  
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  by Anonymous on December 16th, 2007
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by Anonymous on December 16th, 2007
Yes you can press charges. You did not get paid for what the customer bought...and the customer can also press charges. He stole from both of you. I hope that customer smartens up in the future.
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- BTW I do hope you fired that employee immediately..
  
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  by Anonymous on December 16th, 2007
- absolutely he was fired immediately. he was a sales rep who was in the home of the customer when she wrote him the check. he said he had to have it for gas.
  
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  by jbleezy on December 16th, 2007
- He is a louse!!! Go after him!
  
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  by Anonymous on December 16th, 2007
- do you know what the charges should be? i would think he violated more than one law here.
  
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  by jbleezy on December 16th, 2007
- No I don't...but I know you can charge him with stealing to begin with and then ask the police what else he can be charged for. :)
  
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  by Anonymous on December 16th, 2007
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You're reading I recently had an employee take a check for $108.95 from a customer, who for some reason left the check blank, and he wrote his name on the check and went to the money store and cashed it. can i press charges?

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I recently had an employee take a check for $108.95 from a customer, who for some reason left the check blank, and he wrote his name on the check and went to the money store and cashed it. can i press charges?

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I recently had an employee take a check for $108.95 from a customer, who for some reason left the check blank, and he wrote his name on the check and went to the money store and cashed it. can i press charges?

Answers. 2 helpful answers below.

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