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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33563
Experience:  Retired (mostly)
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I am being accused of fraud by a former employer. The case

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I am being accused of fraud by a former employer. The case is "in for filing" with the DA according to my attorney so charges appear forthcoming.
I believe the former employer would be willing to bring this to resolution but my attorney has said there is nothing we can do until I am arrested.
I paid this attorney a $3000 retainer and I am completely broke, have no money for bail, if it comes to that and I do not know what to do. I have never dealt with anything like this before in my life. The attorney seems more interested in hoping this goes further rather than getting it resolved.
What are my options?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  ratioscripta replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. "What are my options" is a very general question... are you asking perhaps what is the likely ramification if you are found guilty, and/or what possible scenarios there are to work out a plea deal, etc?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

I would like to know if my attorney, or myself, can contact the former employer or the DA's office and try and work something out so charges are not filed. My attorney has not even mentioned this as an option. I would like to hire another attorney but since I am unemployed I do not have any funds. If I do get arrested I will not have money for bail and I do believe my former employer (who has been a friend for 30 years) would be willing to talk with someone but I have been told not to contact him.


As far as the charge itself goes, it is a "he-said, she-said" situation and I have paperwork backing the charge but I cannot afford to go to trial either financially or emotionally.


This is why I would like to work out a resolution before this goes any further.

Expert:  socrateaser replied 1 year ago.
Hello,

Different contributor here. Please permit me to assist.

Your options:

1. Immediately stop talking and/or corresponding with anyone other than your attorney, whether on this website or elsewhere -- because anything that you say or do can be used against you in court. This includes discussing the facts of your case with the other contributor who just contacted you.

2. If you are insolvent/broke, and your defense attorney backs away from the case, then you can obtain court-appointed counsel at no charge.

3. if you cannot make bail, there is, regrettably, no workaround. So, if you have any assets that you can liquidate before you are arrested, or any borrowing power that you can rely upon now, then you need to quickly try to marshal those assets, and contact a bail bond company to see how much you can raise for bail, and how much it will cost -- before you're arrested, so that you will know what to do, and you can quickly get out of jail.

4. The point here is that once you're arrested, your mind will be clouded by your negative circumstances, so you need to be completely prepared before that happens.

5. Just because you are charged with a crime, doesn't mean you will be convicted. It also doesn't mean that the judge will set bail at some abusively high amount. I don't know the facts of your case (and, please, do not tell me anything in this forum, because anything you disclose may be used against you in court, if it is discovered by the DA) -- so it is impossible to know in advance the amount at which bail will be set.

In sum, calm down, because allowing your emotions to control your thinking will make things much worse than they may already be.

Hope this helps.
Customer: replied 1 year ago.

no one answered my original question.

Expert:  socrateaser replied 1 year ago.
I would like to know if my attorney, or myself, can contact the former employer or the DA's office and try and work something out so charges are not filed. My attorney has not even mentioned this as an option. I would like to hire another attorney but since I am unemployed I do not have any funds. If I do get arrested I will not have money for bail and I do believe my former employer (who has been a friend for 30 years) would be willing to talk with someone but I have been told not to contact him.

As far as the charge itself goes, it is a "he-said, she-said" situation and I have paperwork backing the charge but I cannot afford to go to trial either financially or emotionally.


This is why I would like to work out a resolution before this goes any further.

 

A: There is no law prohibiting you from contacting your former employer and/or the DA. However, once again, anything that you say or do can be used against you. By trying to "work something out," you may be effectively confessing to the commission of a criminal act. So, you are taking a big risk, and your defense lawyer knows this -- which is why he/she is not putting this option on the table.

 

I realize that you are trying to avoid prosecution -- but, even if you were to work out something with your employer, this would not stop the DA from prosecuting you.

 

BotXXXXX XXXXXne, it's your call, but it's very risky to start communicating with an alleged victim of a crime or the prosecuting attorney, as a means of avoiding prosecution.

 

Hope this helps.

socrateaser, Lawyer
Satisfied Customers: 33563
Experience: Retired (mostly)
socrateaser and 2 other California Employment Law Specialists are ready to help you

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