Legal Question in Criminal Law in Indiana

I worked at a gas station and no longer work there anymore do to being fired for taking lottery tickets an put gas in my vehicle, they had me on camera and just fired me for it, now I want to go get my check, since it's been over 72hours they can't have me arrested for anything, can they or take the money from my check, I don't know what to do im scared can you please help with any answers?

Asked on 2/09/17, 8:51 am

1 Answer from Attorneys

David Seiter Cate, Terry, and Gookins, LLC

You are entitled to your check for your hours worked regardless. While your employer may seek restitution for the items taken, they cannot resort to self help. In other words, they either need to seek restitution in the criminal case or sue you for damages in a civil case. HOWEVER, all that being said, you are not clear of any criminal liability because 72 hours has passed. The statute of limitations for a Class A misdemeanor is 2 years. The statute of limitations for a Level 6 Felony is 5 years. I believe you may be confusing the rule that the state has 72 hours to file charges from the time you are arrested or your have to be released. Nothing I read in your statement would lead me to the conclusion that charges won't be filed.

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Answered on 2/09/17, 9:10 am

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