Legal Question in Criminal Law in California

My husband has embezzled from work, am I guilty of his crime also?

For years my husband has taken numerous large expensive items from the trucking outfit he works for. He tells me, I am a guilty as him because he has the items here at the home. Should I turn him in, and what would happen to me?


Asked on 9/03/03, 12:36 pm

2 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: My husband has embezzled from work, am I guilty of his crime also?

He may be right, and he may be wrong...but I think wrong. In Calif., a wife may not be compelled to give testimony against her husband in a criminal case, and all communications between a husband/wife are privileged. So, unless you actually had the intention to help and further his crimes, you were under no obligation to turn him in and that does not make you an accomplice. But, on the other hand, because your communications with him are essentially privileged, you cannot really rat him out either. So, I would say it's pretty much a marital impasse and neither of you should do anything to the other. If you've had enough of this, it's time to consider divorce.

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Answered on 9/03/03, 1:07 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: My husband has embezzled from work, am I guilty of his crime also?

California there is a law against possessing stolen property. If it is obvious to you the items he is bringing home are stolen. That is their value is much greater than he could reasonably afford on his income you could have a problem. You should consider discussing this matter with an attorney with criminal experience.

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Answered on 9/03/03, 9:18 pm


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