NT Received Summons from Police for Theft - What Can I Do?

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Sheep

Active Member
11 February 2017
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Hello all,

Just had some questions in relation to charges laid against me, been terrified of the ramifications since being approached by the police so I'm just seeking some answers. As a bit of background, I have never been convicted before (not even so much as a speeding ticket) and regularly undertake volunteer work during my free time. I have a university education and am employed in a position where a charge of theft would effectively get me fired. I also regularly travel to America as all of my family live over there.

General story is as follows, went out for some drinks with a work colleague and some of his friends who were visiting from overseas. Day seemed fairly uneventful and I went on with my life thinking that nothing sinister had occurred.

Approached by the police one month later telling me that I'd used a stolen bank card, which had apparently been delivered to my house, for a purchase amounting to $35 while at one of the bars. The card had also been used several times at other bars we had visited. He had obtained video evidence of this $35 transaction, not of any of the other transactions performed by the person who initially took the card.

I continually said that I had no idea the card had been delivered to my house (My housemates and I occasionally receive mail addressed to prior tenants and it usually gets placed in a pile on the counter to be returned to the postbox, I don't look into it as it doesn't belong to me) and that I was under the impression that the card handed to me by my work colleague's friend belonged to him and that by performing the transaction I was only using money that was being willfully spent.

Officer was not satisfied by these comments and proceeded to tell me I'd be charged with theft

After doing some investigating of my own I found that while at my house earlier in the day, one of my work colleague's friends had taken the envelope containing the prior tenants bank card from the counter and proceeded to use it at several bars.

I'm no longer on good terms with my old work colleague and he told me he had no intentions of testifying on my behalf to state that I never intentionally committed theft. I know how stupid it was of me to lay my cards on the table so to speak with him and I essentially allowed his friend to get off by telling him the evidence showed me using the card.

All I have in my favour is record of transactions from my own personal bank account over the course of the day, very strong character references from reputable sources, witness statements from my housemates stating that:

A) there were in fact other people in the house on the day of the theft and that

B) testimony to prove that we leave any mail not addressed to us on the counter to be returned to the post box by the first person that gets around to it, other witness statements from people who I was with on the day the theft occurred, stating that they saw me using my own card/cash and proof of both my financial situation at the time (which should show that I had no need to commit theft) and my continued patronage of the bar which the theft occurred at, which I'd hope would show the fact that I would never intentionally commit such an act at a place I regularly attend.

I've yet to receive my summons from the police so I've not been able to seek professional legal advice as yet, as all lawyers I've spoken to have said they can't assist me without full knowledge of the specific charges laid against me, so I'm inquiring as to what you would all think are likely outcomes for me here. I appreciate any and all feedback on this situation.

I'm terrified that I'm going to effectively lose everything over something I never meant to do, or knew that I had done.
 

Rod

Lawyer
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27 May 2014
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He had obtained video evidence of this $35 transaction, not of any of the other transactions performed by the person who initially took the card.

Seems like the only serious evidence linking you to use of the card.

ve yet to receive my summons from the police so I've not been able to seek professional legal advice as yet, as all lawyers I've spoken to have said they can't assist me without full knowledge of the specific charges laid against me

The lawyers are correct. Until you are charged you won't know if the charges will be theft, fraud or something else.

Additional charges on the card may well point to someone else using the card not you. Has the card been recovered?

It is nerve wracking but until charges are laid and evidence seen no-one can properly say what will happen.
 

Sheep

Active Member
11 February 2017
6
0
31
I know what you mean, I've barely been sleeping from the stress but as you said - nothing can be said for certain until i receive my summons

From what I've read, it seems like the best case scenario for me is to receive a section 10 - but my understanding of that sentence is that its not actually as useful as people suggest. The charge still shows up on your record and considering its a dishonesty offense that pretty much locks me out of my career.

Card hasn't been recovered, all the charges on the card were limited to that one day though. The owner of the card received his money back through insurance.

My main concern is that i feel like I don't have a leg to stand on due to the fact that the letter containing the card was indeed delivered to my house so that in itself sort of automatically incriminates me. I would have no problem being charged with this if I had in fact intentionally committed theft, that is justice, but to have my entire life pretty much go down the drain over something I didn't know I'd done is cause for some concern.
 

Sheep

Active Member
11 February 2017
6
0
31
I'm also not in NT as suggested by the icon on this post, I'm in SA - if that makes a difference
 

Rod

Lawyer
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27 May 2014
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SA makes no difference.

Find some hard physical activity to do, it helps relieve stress. It will get better over time.