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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21389
Experience:  Handle criminal matters in both state and federal courts.
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My mother was recently accused of stealing jewelry while doing

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My mother was recently accused of stealing jewelry while doing cleaning job for her employer. She worked for them for 15 years and just recently something was lost or gone from apartment. Sometimes she would have other people assisting her at the job with the verbal consent of the employer.
Recently she received a letter from lawyer representing employer that accuses her of stealing jewelry, bringing assistants without consent, wearing jewelry that matches the description of lost items. Truth is she does have earrings that are similar but are not the same as missing. Letter is threatening repercussion if she does not return jewelry.
She definitely did not steal anything and this is huge emotional burden for her. There were other workers in apartment in recent months painting and restoring apartment without supervision. Unfortunately, she is the only one being blamed for lost items.
Please let us know how should we respond to letter from employers lawyer?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Samuel II replied 3 years ago.

Hi

 

Well, they will need positive evidence that your Mother stole the items if they were going to prosecute.

 

You can consider writing the letter stating that she has not stolen anything from anyone ever. That she does not have the jewelery nor any knowledge as to where the belongings are. You can consider mentioning that she has never have anyone in the residence without owner consent. And, also that there have been "random" workers in the apartment recently. You can give specific time frames, if she can recall when and who.

 

You can consider stating that she is offended and emotionally distraught with hurt that after 15 years they suspect her of being so disloyal as to be a thief.

 

If she wants to resign, then she can add that the letter should be consider an immediate resignation as she does not want to work for any employer who has such trust problems.

 

Now, on a side note, many times, these people steal from themselves. They pawn the property to get money and then try to claim it on their home owners insurance. So this could very well be an insurance scam and they need to put focus on someone.

 

Once she resigns, their attorney may turn the matter over to the police for investigation. Keep in mind, that your Mother does not have to participate in any investigation without the presence of an attorney. So if she gets contacted by the police, she really needs to consider consulting with a local attorney to be there with her.

 

Customer: replied 3 years ago.
this is copy of the same reply I sent already but I am not sure you have received it
************************************************************************************
Sir,

My mother was already fired from her job. Few weeks ago she went there as always and to her surprise her employers told her they do not want her services anymore. Only after she receiver letter from their lawyer she knew why they fired her.
Now this case is causing her to not sleep and eat well. She never stole anything and never had a contact with police. We want to help her by all means and know how to react to next possible situation.
If you saying that she may be contacted by police and she can deny participation in investigation without lawyer???
Does that mean we do not have to hire lawyer until that happens or should we hire lawyer now and be prepared for that situation? As you may imagine she is cleaning lady so she does not have same amount of money that she can spend on lawyers as their employers can.
What are possible scenarios? Could that be criminal or civil case? Is this any real threat without ANY evidence and proof that she stole anything?
Thank you for your help. This is really burden for whole family (us) and mind bending how this could even happened.

Thank you
Expert:  Samuel II replied 3 years ago.

Hi

 

You can consult with a local attorney before hand and have them informed so if needed they are up to speed

 

This is a criminal matter.

 

And they need solid evidence. She can be charged after an investigation and this is where the local attorney comes in. She does not want to answer any questions without an attorney present.

 

I do not see in you original question where you state she was fired. Only that you want information on how to answer the letter from the attorney.

 

Customer: replied 3 years ago.
Thank you for answer. I will definitely accept your answer so you get credit. This is big help for us. Below are last questions.

This is in New York City. How police may contact her? Would they call to question her or come to the house for questioning? Is this when she will need to have attorney on standby?

Lastly, if it ever comes to criminal case and she needs to hire a lawyer and probably pay thousands of dollars is there any way to have her employer cover costs? She did not steal anything so there won't be ANY evidence. It seems like big un-justice that somebody can accuse somebody else and it all leads to big costs in legal fees for defendant that is innocent.
Thank you for all your help.
Expert:  Samuel II replied 3 years ago.

Hi

 

They may call or they may come to her home. She does not have to allow them into her home, unless they have a search warrant. So, yes. A lawyer on standby would be beneficial.

 

If she is acquitted or if charges are dismissed, yes - her attorney may request his fees be paid by her employer.

 

Innocent people are accused and charged everyday. Should it ever become evident that she was a "scapegoat" for some type of insurance fraud, they she should sue them

 

 

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21389
Experience: Handle criminal matters in both state and federal courts.
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