Legal Question in Criminal Law in California

Theft

I was accused of mis-handling funds $750.00 and after admitting guilt was informed by an investigator by my company that if I re-pay they would not ''take this matter outside the company!'' I also had to put into writing admitting my guilt. After that coversation I was terminated as I was expecting... Now it's been a couple of months and I've heard thru the grapevine that this company has ''found'' more questionable paperwork that shows I may have taken more $ 6,000 The company has no way to get a hold of me (I've changed my number) and work for a new company. My question being is...Is it possible for my former company to find out my new phone number, my new employer, and/or send the police to my adress. I will not talk and will not return messages to my former company if they did find a way to get a hold of me. I will not admit guilt! I'm smart enough to know that if they want to press charges they would have to file it with the DA here in Los Angeles and the DA would have to see evidence beyond a reasonable doubt to then have those charges filed and have me arrested. Also, the L.A. DA is so busy with more pressing cases my former company may decide it's not worth the money and effort to come after me! Any opinions? Thanks!


Asked on 5/17/04, 12:35 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Theft

My opinion: you are likely to be arrested when the company turns it over to the police. IF you thought you could also negotiate with the company to keep them from filing, you should do so. It is implied in your facts that the company has facts to show you took 6k. With your prior 'confession' they would have little trouble convincing the police and DA to arrest you. Call me if you need help with the negotiations, or for the criminal defense once they arrest you.

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Answered on 5/17/04, 5:50 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Theft

You can almost certainly be found by a good investigator. Also, your statement that charges would have to be filed "here in Los Angeles" suggests that your prior employer was somewhere else. If that is so, then the Los Angeles D.A. would have little -- if any -- involvement in your case; the prosecutors from the county where the alleged crime occurred will handle it no matter where you are living now.

The D.A. does *not* "have to see evidence beyond a reasonable doubt" before charging you and having you arrested. A jury has to be convinced beyond a reasonable doubt in order to convict you, but prosecutors don't need to have all of their evidence assembled before they open a case.

The D.A. also has the option of charging you without arresting you, though an arrest will swiftly follow if you don't appear at your scheduled court dates.

And don't bet on your former company deciding "it's not worth the money and effort to come after" you. Talking to the D.A. costs nothing, and if you are prosecuted the county will not bill your old company for the costs. The company may not bother to sue you civilly (though it could do so very economically in small claims if it is willing to reduce its claim to $5,000), but if you are convicted your sentence will probably include a restitution order for the full amount taken, plus the company's expenses for investigating the loss and tracking you down.

You're right that the D.A. is busy (that's true just about everywhere), but you're wrong to assume that he won't bother with a $6,000 embezzlement case. He might decide not to go after you, but that decision is more likely to depend upon the strength of the available evidence and your background than on the amount of the theft. From what you've said (and there are a lot of important details you haven't discussed), I'd say the D.A. would probably pursue this one if the company has enough evidence.

You should probably start meeting with criminal lawyers now, so you will find one you like ahead of time and will know who to call when/if the time comes.

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Answered on 5/17/04, 1:25 am


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