Legal Question in Criminal Law in California

No admission of guilt

My son Thomas worked for a company for over 1 year and left about 3 months ago. The secuity department of this company contacted my son and informed him that they have evidence that he stole approximately $8,000.00. I don't know what sort of evidence it is (it is not video) but my son was an Office Manager for this company and did handle cash and checks. When informed my son denied it and told the security office of this company that they would need to file charges and have him arrested and that he would seek legal guidance. He then hung up on him without ever admitting any type of guilt. He has no prior criminal history. It's been a couple of weeks since and we've not heard from his former company. The company is based in Dallas and I'm not sure what they can or won't do. It's a multi-billion dollar company and I've worked for large companies before and at times I think they figure the cost of pressing charges and going to court far outway the amount they surmise is missing and that since my son no longer is employed by this company no further action will take place. Any advice?


Asked on 5/14/04, 2:51 pm

3 Answers from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Re: No admission of guilt

The ball is in their court. Just wait (and maybe pray).

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Answered on 5/14/04, 3:00 pm
Terry A. Nelson Nelson & Lawless

Re: No admission of guilt

Yes, get an attorney ready to deal with the criminal charges, as it is unlikely they would make the accusation without being prepared to follow them up. You might consider having an attorney contact them preemptively, to put them on notice you are going to strongly defend. It may work to keep them from filing if it is a questionable situation. Contact me if interested either way.

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Answered on 5/14/04, 6:13 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: No admission of guilt

Thank you for your posting.

You may be correct in your assumptions, but no one knows the company policy regarding these matters, or the personalities of those involved, which would have much to do about what can happen.

The advice you've requested would be to get an attorney. An attorney can keep in contact with loss prevention or anyone else, and visit or speak with those investigating to see what, if any, proof exists, without incrimination problems.

The other option is to wait, but you may face the filing of charges if you don't keep in contact with the company.

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 5/14/04, 6:32 pm


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