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OfflineSpiritualWarrior
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Sold Beer to Undercover Need Legal Advice
    #21974091 - 07/21/15 02:58 AM (8 years, 6 months ago)

Alright you guys, I just had a rude awakening. At the Dollar General I work at, there was a sting and I ended up selling beer without carding the person. One of them was posing as though they were drunk. I was so bewildered by the while situation that I did not card them and just had asked for the "date of birth" to enter it into the computer. I had seen the manager do this before and somehow it became something I would do on a occasion.

I live in Virginia. I just don't know what to do at this point I received a phone call from cop asking me about the "two individuals". Only an hour later on realizing what it was really about.

What can I do? What can my defense be?

Someone please chim in, i'm sure many of you will. I've heard that if he was not a minor then I just lose my job but if he was then it could be a felony??? Should I lay all the blame on Dollar General? From what I read I heard you should not admit guilt in this case.


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OfflineSpiritualWarrior
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Re: Sold Beer to Undercover Need Legal Advice [Re: SpiritualWarrior]
    #21974093 - 07/21/15 03:04 AM (8 years, 6 months ago)

i'm a fucking new cashier, I've never done this before. Literally two weeks in.


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OfflineDrMambo
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Re: Sold Beer to Undercover Need Legal Advice [Re: SpiritualWarrior]
    #21974094 - 07/21/15 03:04 AM (8 years, 6 months ago)

Shit, dog, something tells me that a majority of this will, in fact, fall on your employer. That is some bum isht, though...


--------------------
"Yeah, he's a professor...... OF BEING A DOG!"


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OfflineShroomslip
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Re: Sold Beer to Undercover Need Legal Advice [Re: DrMambo] * 4
    #21974102 - 07/21/15 03:14 AM (8 years, 6 months ago)

Relax. I actually worked with someone who got caught up in a sting for selling to an underage chick. I mean it's not just going to go away, but he kept his job, he ended up getting a year of probation for it and fines.

Don't try to lay the blame on anyone. It's pointless and is more likely to end up with the law coming down harder on you.

Just take it as a lesson though. It's YOUR ass on the line when you sell to people without carding them. I know it sucks to card people and get bitched at because half of these mother fucking people just expect people to sell them the cigs/alcohol without ID, but fuck 'em, their problem. Every last one of them knows they may be carded for it.

So yes, I do (well did, I'm out of retail) expect you to drive back to your house to get your ID. No I won't just cut you break. No my manager is not going to come over and see the situation and just decide to sell the shit to you. No I don't care if you're a "loyal customer" and we're now going to lose your business. Bring your mother fucking ID or shut the fuck up when I refuse the sale.

Card these mother fuckers every single time. Do not fuck around. If the ID is expired, refuse the sale, if they don't have ID refuse the sale, if you even suspect the person buying the alcohol is using their id to buy for younger people (example: one person hands you ID another pays) refuse the sale. Refuse the sale if you feel ANYTHING fishy AT ALL. Call your manager and make THEM do the sale. It's YOUR ass on the line.
Quote:

DrMambo said:
Shit, dog, something tells me that a majority of this will, in fact, fall on your employer. That is some bum isht, though...



No, it doesn't. The employer will get fined, yes, but it's not much. The majority of the fallout is going to be on him. The only way it would fall on the employer is if he hadn't received the basic training for selling tobacco/alcohol. These days, it's pretty much a requirement to even be able to ring it up (if you don't have that training, the register won't even let you make the sale, you have to call in someone who does have it and meets the legal requirements). At that point, it's basically all on the cashier.

Also do not admit guilt in anything ever. Get a lawyer. Let them decide what to do.

Long story short, you're fine. You're probably going to end up on probation, but you're not going to jail.


--------------------
With my face against the floor I can’t see who knocked me out of the way.
I don’t want to get back up but I have to so it might as well be today.
Nothing appeals to me no one feels like me, I’m too busy being calm to disappear.
I’m in no shape to be alone contrary to the shit that you might hear.


You can't wake up, this is not a dream. You're part of a machine, you are not a human being
With your face all made up, living on a screen. Low on self esteem, so you run on gasoline


Edited by Shroomslip (07/21/15 03:25 AM)


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OfflineBest-feel
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Re: Sold Beer to Undercover Need Legal Advice [Re: Shroomslip]
    #21974120 - 07/21/15 03:25 AM (8 years, 6 months ago)

Sorry to hear that
hope everything goes well


--------------------
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OfflineSpiritualWarrior
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Re: Sold Beer to Undercover Need Legal Advice [Re: Best-feel]
    #21974128 - 07/21/15 03:33 AM (8 years, 6 months ago)

You guys, this may just be a case of bad coincidence. I'm not sure if this is really what happened cause my co-worker who was there said she knew the kid who is 19 and bought the beer and said that he doesn't mess with cops.

Another reason I want to say I thought this was a sting was that the cop called me on my cell phone number which I actually wrote down on the receipt to the person I was selling beer too. Lol dumbass right.

Then I get a call from a Corporeal about "two individual that came in the store at approximately 6:11-6:12 o-clock".


Edited by SpiritualWarrior (07/21/15 03:44 AM)


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OfflineShroomslip
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Re: Sold Beer to Undercover Need Legal Advice [Re: SpiritualWarrior]
    #21974130 - 07/21/15 03:35 AM (8 years, 6 months ago)

What did the cop ask you about the two individuals?


--------------------
With my face against the floor I can’t see who knocked me out of the way.
I don’t want to get back up but I have to so it might as well be today.
Nothing appeals to me no one feels like me, I’m too busy being calm to disappear.
I’m in no shape to be alone contrary to the shit that you might hear.


You can't wake up, this is not a dream. You're part of a machine, you are not a human being
With your face all made up, living on a screen. Low on self esteem, so you run on gasoline


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OfflineSpiritualWarrior
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Re: Sold Beer to Undercover Need Legal Advice [Re: Shroomslip]
    #21974139 - 07/21/15 03:46 AM (8 years, 6 months ago)

He did not say what it was about.


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OfflineShroomslip
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Re: Sold Beer to Undercover Need Legal Advice [Re: SpiritualWarrior]
    #21974144 - 07/21/15 03:51 AM (8 years, 6 months ago)

So then based on your edit and that news, I have good news for you. It's likely about stolen credit/debit cards.

My post was taking your word for the fact that that was what was about. Usually in those cases though, a cop makes contact and makes the charges pretty soon after the sale.

If they didn't, this is likely not sting case. However, quite a few times in my retail career the cops would ask about people who came into the store out of seemingly no where to ask about customers who had used stolen credit cards. Granted I never had corporate get involved, but that seems the likely scenario at this point.

The rest of my post stands though. Take it as a lesson and heed the warning. It's your ass on the line. Valid acceptable ID or gtfo, no matter what they say or what fuss they cause. As I said, I know someone who sold to an underage person and got a year's probation and fines out of the deal.


--------------------
With my face against the floor I can’t see who knocked me out of the way.
I don’t want to get back up but I have to so it might as well be today.
Nothing appeals to me no one feels like me, I’m too busy being calm to disappear.
I’m in no shape to be alone contrary to the shit that you might hear.


You can't wake up, this is not a dream. You're part of a machine, you are not a human being
With your face all made up, living on a screen. Low on self esteem, so you run on gasoline


Edited by Shroomslip (07/21/15 03:52 AM)


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Offlinekoods
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Re: Sold Beer to Undercover Need Legal Advice [Re: Shroomslip]
    #21974148 - 07/21/15 03:56 AM (8 years, 6 months ago)

You are an employee of the store. This is between the store and the police.


--------------------
NotSheekle said
“if I believed she was 16 I would become unattracted to her”


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OfflineSpiritualWarrior
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Re: Sold Beer to Undercover Need Legal Advice [Re: Shroomslip]
    #21974153 - 07/21/15 04:02 AM (8 years, 6 months ago)

Wow thank you so much for you wisdom and replies shroomslip. I will take this as a good lesson and move on and not a bad lesson. What you said earlier was good advice.


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OfflineShroomslip
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Re: Sold Beer to Undercover Need Legal Advice [Re: Shroomslip]
    #21974155 - 07/21/15 04:02 AM (8 years, 6 months ago)

Selling alcohol/tobacco to minors is not between the store and the police. The cashier who sold it is held even more legally responsible than the store is. You can't sell alcohol/tobacco to kids and hide behind "I'm just the employee".

Unless you're specifically talking about the possible credit card fraud I brought up, in which case, yes that is between the store and the police. In that case, the only one held legally accountable is the person who used the card to begin with. Though certain stores have policies regarding their use, especially on certain items (namely gift cards) and if you violate that procedure and the fraud is discovered later, you can lose your job over it.


--------------------
With my face against the floor I can’t see who knocked me out of the way.
I don’t want to get back up but I have to so it might as well be today.
Nothing appeals to me no one feels like me, I’m too busy being calm to disappear.
I’m in no shape to be alone contrary to the shit that you might hear.


You can't wake up, this is not a dream. You're part of a machine, you are not a human being
With your face all made up, living on a screen. Low on self esteem, so you run on gasoline


Edited by Shroomslip (07/21/15 04:04 AM)


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OfflineSpiritualWarrior
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Re: Sold Beer to Undercover Need Legal Advice [Re: koods]
    #21974163 - 07/21/15 04:05 AM (8 years, 6 months ago)

Quote:

koods said:
You are an employee of the store. This is between the store and the police.




Its a stolen credit card likely...


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OfflineBest-feel
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Re: Sold Beer to Undercover Need Legal Advice [Re: SpiritualWarrior]
    #21974170 - 07/21/15 04:16 AM (8 years, 6 months ago)

wow,pefect solution


--------------------
Get more funny or Get more money ?
You can't have your cake and eat it too?
Is it ture??
Visit us, you will find your whole world


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Offlinekoods
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Re: Sold Beer to Undercover Need Legal Advice [Re: Best-feel]
    #21974173 - 07/21/15 04:23 AM (8 years, 6 months ago)

Idk i used to work at a grocery store, and there was always a person designated as a licensee designate (essentially the person who oversees a licensed establishment) who was responsible for ensuring no one in the store sold alcohol to minors. They were the one legally responsible. Idk this was 20 years ago in Virginia, so probably doesn't apply in this case anyone.


--------------------
NotSheekle said
“if I believed she was 16 I would become unattracted to her”


Edited by koods (07/21/15 04:23 AM)


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OfflineShroomslip
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Re: Sold Beer to Undercover Need Legal Advice [Re: koods]
    #21974188 - 07/21/15 04:32 AM (8 years, 6 months ago)

It doesn't apply anymore. Now we take (pretty lengthy) training courses with all of our other training (theft prevention, stock rotation, money handling, etc) that "certifies" us to sell alcohol and tobacco, and all responsibility of sale falls onto the cashier. If we have any doubts about whether we can make the sale or not, we have to call up a manager. But even then if the manager is stupid and says make the sale when you shouldn't, it falls on you.

If a retail cashier is uncomfortable with a sale, they are supposed to refuse it and have the manager do it (because if the manager isn't the one facing the repercussions it's easy for him to say "just do it").


--------------------
With my face against the floor I can’t see who knocked me out of the way.
I don’t want to get back up but I have to so it might as well be today.
Nothing appeals to me no one feels like me, I’m too busy being calm to disappear.
I’m in no shape to be alone contrary to the shit that you might hear.


You can't wake up, this is not a dream. You're part of a machine, you are not a human being
With your face all made up, living on a screen. Low on self esteem, so you run on gasoline


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OfflineSpiritualWarrior
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Re: Sold Beer to Undercover Need Legal Advice [Re: Shroomslip]
    #21974259 - 07/21/15 05:21 AM (8 years, 6 months ago)

I just got off the phone with the cop who left the message on my phone.

Its bad news to me. He said that they had used a stolen credit card to buy the beer and had been in a dui accident like 10 minutes after. He was already drunk when he entered the store.  He was asking me if he was on something the way he was flailing around. I said I did not know, I thought he was on some kind of drug is what I said. Then he asked if he was being voilent and that was a reason I did not ID him in order to get him out of the store. 

The good news is I will need to testify that he was using a stolen credit card and that if I cooperate I will just get a misdemeanor.

Still tho, wtf. This is such bullshit.

It was just as I had thought but only not as bad. WTF is going to happen now?


Edited by SpiritualWarrior (07/21/15 05:26 AM)


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OfflineShroomslip
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Re: Sold Beer to Undercover Need Legal Advice [Re: SpiritualWarrior]
    #21974263 - 07/21/15 05:26 AM (8 years, 6 months ago)

Get a lawyer and don't say anything else.

You're still technically responsible if you sell someone alcohol while they're obviously intoxicated and they end up hurting themselves or someone else. Good news for you is, is since it wasn't a sting operation and they won't have him as a witness to testify you didn't card him (any lawyer worth a damn could destroy a "drunk" as a witness) they may just drop the case against you.

I highly advise you get a lawyer. I know it sucks to have to pay for a lawyer, but if he can get you off with no probation, it's worth it, imo.


--------------------
With my face against the floor I can’t see who knocked me out of the way.
I don’t want to get back up but I have to so it might as well be today.
Nothing appeals to me no one feels like me, I’m too busy being calm to disappear.
I’m in no shape to be alone contrary to the shit that you might hear.


You can't wake up, this is not a dream. You're part of a machine, you are not a human being
With your face all made up, living on a screen. Low on self esteem, so you run on gasoline


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OfflineSpiritualWarrior
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Re: Sold Beer to Undercover Need Legal Advice [Re: Shroomslip]
    #21974265 - 07/21/15 05:28 AM (8 years, 6 months ago)

Witness to the no ID thing? The camera is the witness. He asked me if I ID'd him I said I thought I did. He didn't say anything after that.


Edited by SpiritualWarrior (07/21/15 05:29 AM)


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OfflineBrian Jones
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Re: Sold Beer to Undercover Need Legal Advice [Re: SpiritualWarrior]
    #21974266 - 07/21/15 05:30 AM (8 years, 6 months ago)

When I was a restaurant manager in Illinois they fined the bartender and the owner, and the police made it very clear that things in the future  between them would go much smoother if the bartender was fired.


--------------------
"The Rolling Stones will break up over Brian Jones' dead body"    John Lennon

I don't want no commies in my car. No Christians either.

The worst thing about corruption is that it works so well,


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