Falsely Accused by Police
I am NOT happy.
A group of people that work in the mall with me go to a local restaurant every Monday night. My almost-boyfriend and I have been going along for a while. Last week, almost-boyfriend went up to the register to pay for us and apparently the waitress accidentally handed him back his 100 dollar bill with his change. I was unaware.
We went back in tonight and went about things as we always do, until the same waitress from last week approached us. She, in a friendly tone, explained what had happened the week before & that the missing money was being taken from her paycheck. Almost-boyfriend apologized, and said he would pay her what he owed. She then apologized for her fault in the matter, took our order, and walked off.
When we were about to start eating, the waitress walked over with a man who asked to speak with the two of us. We walked to the other side of the restaurant and sat down with the man. He was the manager, and told us he wanted his $88 back and that the police were coming. Almost-boyfriend didn't have it, and the only money I had was on a credit card. The cops arrived, and said if we didn't pay right then and there, WE were going to jail. I emphasize WE because I had no involvement with the fiasco, other than having been there with the 'culprit'. The manager and one of the cops were downright rude.
Luckily, a guy who was there with us paid the $88. We were then told we could leave.
I didn't defend myself because A) they wouldn't listen, and B) I was just trying to negotiate and avoid going to jail. I'll get over my anger, but I am a little worried that he may want to press charges. I assume the surveillance video would get me out of it, as I never touched the money, but I just don't want to deal with it at all. I'm not mad at my almost-boyfriend. I personally would have taken the money back upon noticing, but he says he thought he miscounted his money, and didn't think any further about it. The people we were with are apparently mad at him (I hope not me) for embarrassing them.
I'm just worried, and quite embarrassed myself. I can't imagine being taken to jail, innocent. Shouldn't the police have reviewed the surveillance video before taking me in, if they had? Am I not innocent until proven guilty?
This is totally the fault of the restaurant.
I would have sued, then boycotted the restaurant.
It is THEIR fault and what happens to the waitress
is between the manager and or owner and the waitress
if it was her fault that she miscounted the money
then neither almost boyfriend nor you have any
responsibility, if they balem you for "robbing"
the palce, then they need their heads checked
and you can sue.
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When society stops expecting
too much from me, I will
stop disappointing them.
SoulcakeDuck
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Tory_canuck
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Age: 40
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write a letter to the paper with the name of the restaraunt,the waitress and the police deparment and urge others not to go to that place.
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Honour over deciet, merit over luck, courage over popularity, duty over entitlement...dont let the cliques fool you for they have no honour...only superficial deceit.
ALBERTAN...and DAMN PROUD OF IT!!
Of course you're innocent, and your companion is innocent too IMO.
If you're ever in a situation like this and you know you're innocent, just don't worry. :3 There's no benefit to worrying about something like that. Just think of it as an interesting situation.. and if you ever get taken to jail, think of that as an adventure, lol. But the part where you might have been imprisoned has passed, it sounds like. I do hope your troubles with the restaurant are over.
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"You gotta keep making decisions, even if they're wrong decisions, you know. If you don't make decisions, you're stuffed."
- Joe Simpson
_________________
"You gotta keep making decisions, even if they're wrong decisions, you know. If you don't make decisions, you're stuffed."
- Joe Simpson
I would have sued, then boycotted the restaurant.
It is THEIR fault and what happens to the waitress
is between the manager and or owner and the waitress
if it was her fault that she miscounted the money
then neither almost boyfriend nor you have any
responsibility, if they balem you for "robbing"
the palce, then they need their heads checked
and you can sue.
I'm afraid he is responsible for returning the money, although the restaurant could have been more diplomatic and shouldn't have called the police unless he refused. Someone I used to work with was given an extra $100. when she cashed her paycheck. She was bragging about it but the bank called and she had to return it. It's kind of sh!tty to take advantage of someone elses mistake, although I will assume OP friend really didn't realize.
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Detach ed
Tory_canuck
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Joined: 8 Jun 2009
Age: 40
Gender: Female
Posts: 1,373
Location: Red Deer, Alberta, Canada
I guess so...Just don't name the waitress, but name the restaraunt though...It would not be libel since it is true what they did.
_________________
Honour over deciet, merit over luck, courage over popularity, duty over entitlement...dont let the cliques fool you for they have no honour...only superficial deceit.
ALBERTAN...and DAMN PROUD OF IT!!
Tory_canuck
Veteran
Joined: 8 Jun 2009
Age: 40
Gender: Female
Posts: 1,373
Location: Red Deer, Alberta, Canada
I would have sued, then boycotted the restaurant.
It is THEIR fault and what happens to the waitress
is between the manager and or owner and the waitress
if it was her fault that she miscounted the money
then neither almost boyfriend nor you have any
responsibility, if they balem you for "robbing"
the palce, then they need their heads checked
and you can sue.
I'm afraid he is responsible for returning the money, although the restaurant could have been more diplomatic and shouldn't have called the police unless he refused. Someone I used to work with was given an extra $100. when she cashed her paycheck. She was bragging about it but the bank called and she had to return it. It's kind of sh!tty to tak
e advantage of someone elses mistake, although I will assume OP friend really didn't realize.
If he didnt realize the mistake, then he doesnt have a "guilty mind" and therefore he cannot be convicted because there will be no mens rea established and in order to convict someone of an offence, the prosecution must prove mens rea AND actus reus.
_________________
Honour over deciet, merit over luck, courage over popularity, duty over entitlement...dont let the cliques fool you for they have no honour...only superficial deceit.
ALBERTAN...and DAMN PROUD OF IT!!
I've been thinking about it all day, unfortunately. I wonder if I could actually make a good case if I decided to sue.
If nothing else, I think I'll at least call the corporation and make a good complaint. I like the idea of possibly getting those people into trouble.
I also like the newspaper idea.
I'm amazed the cops even bothered.
1. Even if your almost-boyfriend did what she said happened. The matter ended when they let you both leave the restaurant last time. She'd have to prove it to demand the money at a later date. Since it was her mistake, it isn't theft.
2. Why the cops got involved I don't know other than the manager claimed you were trying to leave without paying the bill. I can see how you got bullied into this matter.
Since I know better, I would have:
1. Refused to pay a dime. Of course, I normally use a credit card, so I'd know if I paid my past bill or not, so it would be very odd for this to have happened. I would want absolute proof that I didn't pay or was given my money back before I believed the manager.
2. If the cops were present, I would tell them that this is an allegation over a past bill that the manager is not offering proof to support, that it is a civil matter and impropper for them to get involved, and if they so much as touch me I will sue them and their department for violating my civil rights. If the manager wants to allege I stole from his business, he can file a formal complaint and let the D.A. (or equivalent court officer) determine if indeed there was a crime committed.
3. Even if the manager could prove his claim, I would demand to know who his regional VP was and there would be a very nasty letter and phone call to him immediately as I do not tolerate being treated as a criminal over what clearly was an honest mistake.
let them take you to fail, then sue them for it.
$$$
I'm pretty sure there's some law about accidently getting money in that situation and not returning it... I'm not a lawyer, though.
_________________
If Jesus died for my sins, then I should sin as much as possible, so he didn't die for nothing.
1. Even if your almost-boyfriend did what she said happened. The matter ended when they let you both leave the restaurant last time. She'd have to prove it to demand the money at a later date. Since it was her mistake, it isn't theft.
2. Why the cops got involved I don't know other than the manager claimed you were trying to leave without paying the bill. I can see how you got bullied into this matter.
Since I know better, I would have:
1. Refused to pay a dime. Of course, I normally use a credit card, so I'd know if I paid my past bill or not, so it would be very odd for this to have happened. I would want absolute proof that I didn't pay or was given my money back before I believed the manager.
2. If the cops were present, I would tell them that this is an allegation over a past bill that the manager is not offering proof to support, that it is a civil matter and impropper for them to get involved, and if they so much as touch me I will sue them and their department for violating my civil rights. If the manager wants to allege I stole from his business, he can file a formal complaint and let the D.A. (or equivalent court officer) determine if indeed there was a crime committed.
3. Even if the manager could prove his claim, I would demand to know who his regional VP was and there would be a very nasty letter and phone call to him immediately as I do not tolerate being treated as a criminal over what clearly was an honest mistake.
Agreed, I think you should take action with this matter. Why should these dumbshits get away with this sort of garbage. Clearly what happen was that the waitress was the main contender and insitgator. She probably told the manager that you intended to steal this money because as she did say it was coming out of her pay check and well can't tollerate karma hassling her so she puts the blame on you. Besides never smile at a crocodile as the song goes...
If nothing else, I think I'll at least call the corporation and make a good complaint. I like the idea of possibly getting those people into trouble.
I also like the newspaper idea.
Its worth it to call the corporate office first and tell your side of the story. Calling the police on a patron for a waitresses mistake ... HR will rip the waitress and the manager the new one.
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