Breach of Trust

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MitchDan

Active Member
22 May 2020
7
0
31
Hi
I am waiting for the police interview. Below the relevant details related to my matter. I would really appreciate your advice, likelihood, experience or anything that could help me.
I contracted to work casually in a shop once or twice a week for about two years. My record in that shop was great with no issue at all. Also, I have no prior criminal charge or conviction.
In the mid of last year, I faced a terrible family issues got me in chronic depression, anxiety and serious lack of sleep. To get some relief I asked my GP to prescribe a strong medication I saw my sister taking it and helping her to relax (She is diagnosed with chronic Schizophrenia). I started to take it regularly, That medication helped me to sleep, but was affecting my awareness badly in the second day. In one shift, I involved in stealing goods from the store. The value around $350-400. Not sure what the cost of them. Apparently, there was a footage for my act (I didn’t see them). As soon my manager questioned me about the incident few days later, I realised what I had done, there was a chance to deny his allegation, as there was no footage showing me leaving the store with goods, but instead I quickly admit my guilt, bring back all the stolen goods and send apology letter to the company, all in the same day of the questioning. I still don't bevelling what I have done.

I am gravely regretting my crime and so worried that this issue will destroy my family. I am 36 year old and expecting my first baby next month. I didn’t work in any kind of paid work since they terminated from work. I started this month to apply for different jobs I may be qualified for due to my higher education. Also, I am consulting a certified psychiatrist since the incident.
My questions:
1. Is there any chance the police will not charge me, considering the clear evidence regarding my health and family issues. Also, the quick response to admit my fault and give back the goods?
2. If the police will charge me, what should I mention and focus on to get the diversion?
3. I believe preceding to the police partly occurred because I complained twice to the store manager that one or two staff members in charge were stealing and escape items to the end of the day in the small office I use. I have clear pictures and messages to prove that. Is it a good idea to bring this issue during the police interview or not?
4. Is it important to have a lawyer with me in the interview? I have never dealt with the police before and I don't feel confident to go by myself.
Can you help please?
 

MitchDan

Active Member
22 May 2020
7
0
31
The police will probably charge you however early plea and remorse and possible restitution might mean a diversion is possible.
Thanks Tony for the quick replay. Really appreciate it. Any thought please about my third question?
 

MitchDan

Active Member
22 May 2020
7
0
31
I think it doesn't matter why it was reported to the police.
Also preferable to have a lawyer present at interview.
Thank you again Tony. Is there anything I can do at present to maximise the chances of diversion?
A medical report from my psychiatrist for example or anything else you would suggest please?
 

Poidah

Well-Known Member
9 November 2017
82
3
294
Qld
Also preferable to have a lawyer present at interview.
Have you checked whether you qualify for Legal Aid? Sounds like maybe you might qualify?
Make sure you bring your apology letter to the interview as well.
 

MitchDan

Active Member
22 May 2020
7
0
31
Have you checked whether you qualify for Legal Aid? Sounds like maybe you might qualify?
Make sure you bring your apology letter to the interview as well.
Thank you Poidah for your suggestion. I think I am qualified for Legal Aid, but not sure if that include attending the interview? I need a lawyer to attend it with me. Also I read some concerns regarding the quality of their work? Maybe a good lawyer can negotiate the police with my charge?
I would appreciate it if you can tell me your opinion in this point please.
 

Tony Danos

Lawyer
LawTap Verified
29 November 2016
244
37
719
Victoria
lawtap.com
Legal Aid will not attend a police station and their guidelines are such that they will act for you if gaol likely . Hence you would need to pay for a private lawyer if you can afford one.