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Legalease
Legalease, Lawyer
Category: Criminal Law
Satisfied Customers: 14623
Experience:  13 years experience in criminal law, BA in criminal justice
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I live in Texas and I work for a small machine shop. I am

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I live in Texas and I work for a small machine shop. I am relatively sure that my boss and his wife have consulted their attorney and he is contacting the District Attorney this week about embezzlement charges against me. The amount is less than 10,000.00 and everyone in the office has each others code and the bank account has only one code and it belongs to the boss. The money showed up in my checking account thru direct deposit and when I did the payroll and printed out the report it showed the correct amount to be deposited but a different amount was deposited. Now, some of the reports printed out are not the same as what I originally printed out, they show a different amount from my pay. Is there any way they can prove beyond a reasonable doubt that I was the only one that did this since all 3 of us have access to the account using the same user id and password? What would my chances of being arrested be? I have never been arrested for anything and no traffic tickets that I can remember since the late 80's. What do you think I should do?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Legalease replied 3 years ago.

Hello.

 

Was this a mistake on your part?

 

Was the 10,000 returned to the employer?

 

 

--MARY

Customer: replied 3 years ago.
Are you working on my answer or I have failed to click something?
Expert:  Legalease replied 3 years ago.

Hello again --

 

I asked a question above:

 

Hello.

 

Was this a mistake on your part?

 

Was the 10,000 returned to the employer?

 

 

--MARY




Customer: replied 3 years ago.

Yes, the mistake was on my part.

 

No money has been repaid thus far, and I can't talk to my employers as they will use anything I say against me no matter how innocent. They have one this to numerous other employees.

Customer: replied 3 years ago.

 

I also am still going to work everyday and they are talking about what we need to do next week or next month so I am not sure what I should do. This could just be a trick to keep me coming to work to have me arrested at work.

Customer: replied 3 years ago.

 

I have had breast cancer surgery on January 25, 2011 and then a hystrorectomy on March 28, 2011 so I can take the durg tamoxifin, My boss (the wife) while compassionate has also made rude remarks about it and at times has just been down right ugly. While this does not excuse my horrible behavior it is part of the reason that things have happened as they have.

Customer: replied 3 years ago.

I answered you questions as follows:

 

Yes, the mistake was on my part

 

No maoney has been reapid at this point and I can't tlak to my employer about this as they will use anything I say no matter how innocent against me.

Customer: replied 3 years ago.

 

Hello, are you still with me?

 

Customer: replied 3 years ago.
Are you with me?
Customer: replied 3 years ago.

Hello??????

I am not verry good with these sites so if I need to click on something or something please let me know.

Customer: replied 3 years ago.
Relist: Other.
I AVE BEEN WAITING FOR OVER MINUTES AND THERE HAS NOT BEEN A REPLY.
Customer: replied 3 years ago.

Hello, what am I doing wrong that I can't see your reply?

Expert:  Legalease replied 3 years ago.

Hello again.

 

The most important thing here is whether or not this was a mistake on your part and whether or not you actually had the CRIMINAL INTENT to steal anything. If you are terminated, there will not be much that you can do about losing your job and your biggest worry here is whether or not the company will actually try to prosecute you for this. My suggestion is that you get a criminal lawyer ASAP and pay the lawyer a few hundred dollars to be on retainer -- that way if the police are going to arrest you they must contact your lawyer FIRST and give you the opportunity to turn yourself in at the police station without you having to go through a big scene of being handcuffed at work or at home and walked out to a cruiser. If you cannot afford and attorney then there is not a lot you can do before they arrest you because you must wait until after you are charged before the court will appoint an attorney for you (the court clerk will ask for your financial information and if you are indigent the court will appoint an attorney but this will not happen until after your arrest and arraignment (first court appearance where you plead guilty or not guilty)). If you must wait until your arraignment until an attorney is appointed then you should plead "not guilty" until you can speak with the attorney -- the case will then be continued to another date. If you have no prior criminal history then I do not see any jail time for this if you are found guilty -- most likely it will be probation and a fine -- but if you have an attorney the attorney may be able to convince the DA that it was a mistake and that you had no criminal intent here -- and you might be able to get the charges reduced or dropped. To find a local criminal attorney you should contact your local county bar association -- they all have referral services -- and you can find them in the phone book or probably on line by doing a search "your county, your state, bar association referral".

 

In the meantime if the police want to pull you in for questioning the only thing that you want to tell them is that it was a very big mistake and that you did not intend to steal anything. Do not let the detectives or police question you for hours and hours in an effort on your part to try to convince them that you did not do anything wrong because all they will do is twist your words and actions into a confession and make you guilty before you even get your day in a court of law. So, if they sit down with you in a conference room either at trhe employer or the station, you simply tell them in 10 minutes that it was all a mistake and a misunderstanding -- and if they seem not to believe you or they start getting rude and obnoxious and want to question you further, you need to immediately say "I WANT AN ATTORNEY" -- you must be clear and unwavering in your statement that you want an attorney -- if you are wishy washy about the statement and say something like "I think I need a lawyer" or you ask the police officer or detective "do you think I need a lawyer" the police do NOT have to stop questioning you when you make such wishy washy statements and they can keep trying to get a confession from you. So, you need to be very FIRM when you state that you want a lawyer.

 

I hope this helps.

 

--MARY

 

 

GOOD LUCK

 

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THANK YOU VERY MUCH !!!!!

Legalease, Lawyer
Category: Criminal Law
Satisfied Customers: 14623
Experience: 13 years experience in criminal law, BA in criminal justice
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