Legal Question in Criminal Law in California

Proof

My former Brother-in-law who also use to my my boss told my sister - his ex that he thinks I pilfered from the company to the tune of $9500 in cash and equipment! When I got word of this I confronted him and told him he has NO proof! No video of me doing anything! No witnesses! No bank account statements showing I deposited unusually large amounts of cash other than my regular paycheck - which wasn't alot! He says he found deposits that don't make sense. Yet the books balanced!! He say checks are missing! Or where deposited and not entered as payments from customers but exchanged for the cash! I shouted to him - CIRCUMSTANCIAL! Where's the proof I took the cash and equipment!???? Of course he got the police involved and now they want to talk with me! I told them I AIN'T TALKIN'! The police told my ex-boss they need more proof!? Is that really the case here? I have no priors other than drunk driving once - caught that is! Ha! I have a great work history with no problems! Is paperwork enough evidence (circumstancial I say) Enough to get me arrested and in jail for a long time? Let's recap! No video, no witnesses, no personal bank statement evidence, the deposits matched the business computer amounts!!!


Asked on 7/20/04, 2:22 am

4 Answers from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Proof

Circumstantial evidence is sufficient to prove a case. Cases are won every day on nothing but circumstantial evidence.

You went on and on about the lack of a "smoking gun" but you never denied that you took the money.

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Answered on 7/20/04, 3:34 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Proof

Circumstantial evidence is still evidence, and criminals are convicted every day in cases where all the evidence is circumstantial.

Many laypeople believe that circumstantial evidence either can't be used at all or that it is somehow less convincing than direct evidence, but the law doesn't see it that way.

We reach conclusions about the world around us based solely on circumstantial evidence all the time, and the courts do the same thing. If I'm in a restaurant with no windows but I see that the patrons walking in the door are carrying wet umbrellas and leaving wet footprints, I can be quite sure it is raining outside even though all I have to support my conclusion is circumstantial evidence. If you were there with me and I told you why I believed it was raining outside, would you doubt me because all my evidence was circumstantial?

Crimes like embezzlement often leave no direct evidence and can only be proven circumstantially, yet the prison system is full of embezzlers. Based on your question, I think you will be joining them soon.

By the way, in my experience, people who respond to accusations by saying "You have no proof" are almost always guilty -- especially the ones who are prepared with a list of what evidence the accuser supposedly needs but doesn't have. Innocent people say "I didn't do it."

When a jury hears how you responded to the accusation it will be just about ready to convict you on the spot. And they *will* hear about your response; when you told the police you weren't going to talk it was already too late to unring that particular bell.

Now go get yourself a lawyer and (except when talking to him) keep your mouth shut before you damage your prospects more than you already have.

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Answered on 7/20/04, 1:53 pm
Terry A. Nelson Nelson & Lawless

Re: Proof

It is up to the police and DA whether they charge you. If they do, you need experienced counsel to defend you. Contact me if that happens. Do not talk to anyone about the facts; 95% of people convict themselves by talking.

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Answered on 7/20/04, 2:54 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Proof

Thank you for your posting.

Is paperwork evidence? Yes. Is paperwork, even circumstantial, enough to arrest and convict you? It may certainly be. Could you go to jail for a long time? If felony embezzlement, yes.

You have some highly competent answers so far, but you really should consider obtaining the services of an attorney. If the police are investigating you, it may be highly likely that an arrest or filed case is coming soon.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

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Answered on 7/20/04, 3:16 pm


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