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re: Woman charged with felony for not returning VHS tape more than 20 years ago
Posted on 4/25/21 at 2:12 pm to East Coast Band
Posted on 4/25/21 at 2:12 pm to East Coast Band
Kudos to the DA for dropping this.
0
Posted on 4/25/21 at 2:19 pm to Cowboyfan89
Here's how stupid this law is - if she would have just stolen the VHS tape from the store it would have been a misdemeanor.
Posted on 4/25/21 at 2:22 pm to East Coast Band
Something about this story doesn't make sense. How in the hell was her employer able to see she was "charged" with a crime? Aren't background checks only looking at convictions?
If what she is saying is true, then that's fricked up.
If what she is saying is true, then that's fricked up.
Posted on 4/25/21 at 2:32 pm to East Coast Band
That VHS tape looks like a bootleg copy. Maybe someone should investigate the "Movie Place" in Norman.
Posted on 4/25/21 at 2:47 pm to cable
quote:
Here's how stupid this law is - if she would have just stolen the VHS tape from the store it would have been a misdemeanor.
Wouldn't not returning the VHS constitute stealing?
I fail to see how "embezzlement" even applies here, anyway. She didn't embezzle anything--she stole it by not returning it (allegedly).
Maybe it's broader than what I'm thinking, but in my mind, embezzlement is theft or misuse of money.
Posted on 4/25/21 at 2:52 pm to Cowboyfan89
quote:
Maybe it's broader than what I'm thinking, but in my mind, embezzlement is theft or misuse of money.
Since a tape has a theoretical dollar value, theoretically a tape could be used as currency. Ergo, by signing into a contractual agreement to return the tape, but keeping it instead, I guess one could say it is a kind of “embezzlement.”
I just don’t think this should count as a felony. I mean, lots of states strip you of your voting and second amendment rights for non-violent felony convictions.
Posted on 4/25/21 at 3:13 pm to East Coast Band
Our local Blockbuster used to try and stick us for late fees of like $3/day. Problem is my schedule at the time was pretty hectic, and sometimes I'd get called out of town without much notice. So I'd get back a few days later with $15-$20 worth of late fees.
The first couple of times I just paid it, then went in with my old man one time. He asked the clerk for a copy of the rental contract. Blockbuster's OWN CONTRACT said that late fees were not to exceed the original rental amount. So basically if you got a 5 day rental for $4, they couldn't turn around and charge $15 if you were 5 days late - the max fee was $4. The clerks were too dumb to understand even after he explained it 3 or 4 times, but they finally got tired of arguing and waived the fee completely.
This happened a few more times, and towards the end they just recognized him and cleared the fees.
The first couple of times I just paid it, then went in with my old man one time. He asked the clerk for a copy of the rental contract. Blockbuster's OWN CONTRACT said that late fees were not to exceed the original rental amount. So basically if you got a 5 day rental for $4, they couldn't turn around and charge $15 if you were 5 days late - the max fee was $4. The clerks were too dumb to understand even after he explained it 3 or 4 times, but they finally got tired of arguing and waived the fee completely.
This happened a few more times, and towards the end they just recognized him and cleared the fees.
Posted on 4/25/21 at 3:15 pm to Cowboyfan89
quote:Yeah, that's why they dropped it.
Oklahoma is fricking stupid if being 10 days late on returning what was probably a $1 or $2 VHS tape rental is considered a felony.
In this case, it seems like a BS charge anyway, because how do you prove she willfully or intentionally did not return the tape? It's not like it's a car. It's a VHS tape.
These morons would have lost their mind if the tape wasn't rewound before returning.
Posted on 4/25/21 at 3:20 pm to Cowboyfan89
quote:Read the OK statute quotes above. One definition of "embezzlement" there technically applies. It just means stealing (technically theft or larceny) with certain additional conditions.
Wouldn't not returning the VHS constitute stealing?
I fail to see how "embezzlement" even applies here, anyway. She didn't embezzle anything--she stole it by not returning it (allegedly).
Maybe it's broader than what I'm thinking, but in my mind, embezzlement is theft or misuse of money.
It really doesn't matter what they call it anyway. It just matters what the substantive rule is. A state legislature could rewrite the law to redefine "intentional premeditated homicide" as "gobbledygook". That would just make "gobbledygook" the new name of the crime we currently call "murder". It wouldn't change citizens' obligations.
This post was edited on 4/25/21 at 3:53 pm
Posted on 4/25/21 at 3:22 pm to Cowboyfan89
quote:Read the OK statute quotes above. One definition of "embezzlement" there technically applies.
Wouldn't not returning the VHS constitute stealing?
I fail to see how "embezzlement" even applies here, anyway. She didn't embezzle anything--she stole it by not returning it (allegedly).
Maybe it's broader than what I'm thinking, but in my mind, embezzlement is theft or misuse of money.
It really doesn't matter what they call it anyway. It just matters what the substantive rule is. A state legislature could rewrite the law to redefine "intentional premeditated homicide" as "gobbledygook". That would just make "gobbledygook" the new name of the crime we currently call "first-degree murder". But it wouldn't change citizens' obligations.
This post was edited on 4/25/21 at 3:29 pm
Posted on 4/25/21 at 4:02 pm to East Coast Band
I once forgot to return a tape to Major Video, and they called the fricking cops on me. Damn bruh, I didn't want to keep Event Horizon anyway.
Posted on 4/25/21 at 9:42 pm to East Coast Band
She shouldn't have been charged with a felony for a single video, but I have trouble having much sympathy here. My family owned a video store in the 1980s and 1990s and we lost a lot of videos to no returns, and cost on some of these was $70+ (unless it was a huge blockbuster or kids movie, it generally wasn't $14.99 at Walmart as a new release).
In our parish the DA wouldn't prosecute these cases, so our only recourse was paying an off-duty sheriff deputy in free rentals to go scare the deadbeats for us. It worked for some, but for a lot it didn't. We could also refer them to a collection agency, but if a sheriff deputy couldn't get someone to make good on this a hit on their credit report certainly wasn't motivation.
Not all video stores were run by soulless corporations like Blockbuster.
In our parish the DA wouldn't prosecute these cases, so our only recourse was paying an off-duty sheriff deputy in free rentals to go scare the deadbeats for us. It worked for some, but for a lot it didn't. We could also refer them to a collection agency, but if a sheriff deputy couldn't get someone to make good on this a hit on their credit report certainly wasn't motivation.
Not all video stores were run by soulless corporations like Blockbuster.
Posted on 4/25/21 at 9:45 pm to BillyOceans11
quote:
and cost on some of these was $70+
:idontbelieveyou:
Posted on 4/25/21 at 9:46 pm to East Coast Band
Well she may be truthful. I doubt a full grown woman wanted to watch Sabrina the teenage witch....however 8, 10,11 yr old girls may want to of which the boyfriend may have rented for his daughter with her card....
This post was edited on 4/25/21 at 9:47 pm
Posted on 4/25/21 at 9:48 pm to keakar
quote:
they must have had a friend in DAs office to get that BS done over a movie rental that at its highest value couldnt have been more then $20 value to buy it
This was a common misconception. Plenty of those old VHS tapes were well over $100 a piece.
You sign a contract saying youre going to bring it back on time and a fine for not doing that. There were other things in the contract but essentially you stole from us and cost us a lot more money in the meantime.
Posted on 4/25/21 at 9:49 pm to AUstar
quote:
How in the hell was her employer able to see she was "charged" with a crime? Aren't background checks only looking at convictions?
My county has a public database where you can lookup anyone with pending cases.
Posted on 4/25/21 at 9:50 pm to jamboybarry
Its true. Plenty were over $100.
Posted on 4/25/21 at 9:56 pm to jamboybarry
quote:
idontbelieveyou
When VCRs first came out, it wasn't outside the realm of possibility for a vhs tape to cost $100+. Even in the late 90s some tapes cost that much. Source: I managed a Blockbuster Video
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