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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
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Experience:  9 years legal experience, primarily in criminal justice
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Criminal Defense attorney answers needed: An ex-employer

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Criminal Defense attorney answers needed:

An ex-employer of a roofing company that I worked for as a 1099 got mad at me for when I quit working for his company 9/14/12 on 09/27/12 he sent slanderous/libelous emails and facebook accusations stating my business partner and I stole $250,000 worth of equipment from him and money to form our own Roofing company and he was going to sue us and made threats toward me that I better not see him before going to court and he stated I had signed a non-compete/non-disclosure agreement...All Are False and I did'nt sign any agreement the ex-employer had his attorney mail me a C&D letter and I gave it to my Civil Attorney for his review and timely response to the letter and My Civil Attorney issued the owner of the company personally and his company with C&D to stop all forms of harassment, slander, libel behaviors and for his attorney to provide him the alleged non-compete contract I supposed signed and his client has and it's been about a two weeks and nothing was produced...Now on 10/31/2012 my business partner gets a call from a police detective who wants to call me and I had my business partner have the police detective speak to my attorney and the police detective told him that the ex-employer told him he is charging me with "theft of a ipad" and he is missing one and thinks I took it...my attorney told me the police detective feels based on the theft accusation they will more than likely issue a warrant and my attorney asked for them to let him know if it gets to that point so he can inform me and my attorney suggested I get a criminal defense attorney which I did today and gave them the police detective's name and ph# XXXXX get more information...

My concern is that during beginning of Spring this year, the ex-employer bought me and gifted me an apple ipad, I don't use ipads and I never opened or used it so I gave it away as a gift to someone who wanted an ipad and uses one...

My question and concern is..."If" the ex-employer is going as far as to set me up and "now" state that the ipad he gifted me Spring of this year is the "alleged missing/stolen ipad" How can I protect myself from this kind of set-up If that be the case... The people that new it was a gift was him and the company staff members and myself...but I have no documentation nor video to support this..it's basically my word against his if that be the case...

What can I do and my criminal defense attorney to protect me? And the person I gifted the ipad to...said will meet with my Criminal defense Attorney to give the seriel#'s of the ipad and give a deposition that the ipad was brand new and not even open/nor used when I gave it to them...I just want to cover all basis just in case...
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 2 years ago.

Hello.

 

Unfortunately, there is not a great deal that you can do, as these cases generally boil down to one person's word against another. It is good that you have already gotten an attorney. If IPads were given to other staff members at the company, or if other company employees were present when the gift was made, that will help corroborate your story, so you will want to give their names to your attorney to potentially be subpoenaed for trial.

 

It does not sound like his story is particularly credible and would stand up to questioning by your attorney. Unless he is willing to perjure himself by saying he saw you steal it, there's really no evidence that you took it other than him speculating. If you are charged, the lawyer will be able to file a discovery request to get all of the evidence that the prosecution has to see what the basis of his accusation is. But without evidence or him committing a crime by lying on the stand, I don't know how that would stand up.

 

If charges are filed and you are either acquitted or they are dismissed, you may want to talk to your civil lawyer about filing a malicous prosecution/abuse of process case against him. It can't be filed until the case terminates in your favor, however. Obviously, you should focus on the criminal case if it materializes, but after it is over you may want to consider this route if you are able.

Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4093
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and 3 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you Sir very much Awesome Answer! I'm only speculating at this point "If" with the ipad gift that what he is trying to do...I only suspect this because...why all of a sudden he went to saying my business partner and I stole $250K worth of equipment and monies to an "ipad?" all of a sudden....?????


 


No he did'nt give anyone else an ipad at the time...there was a contest that ended in December of 2011 or January 2012 and I won as the top sales person so he surprised me with an Apple ipad because in my prior conversations I stated I wanted one...but when he gifted me the ipad and said it was due to me being top salesperson and since I mentioned wanting one he bought me one...I was so busy the beginning of 2012 so I never opened or used it so I had decided to gift it to a friend that does use ipads...the friend I gave the ipad to used to work for him as a canvasser but he fired the person and that person now works for me...


 


Due to my speculations only, should I even mention this ipad gift to the criminal defense attorney or not? I don't want to innocently instigate this and the ex-employer discovers this and makes this speculation of mine a reality...


 


And of course his employees and own mother who is the admin supervisor know that he bought it for me as gift for my own "personal use" it was not given to me to only use for business only nor stipulated if I were to ever leave the company I had to return it mind you...


My other concern if this be the case, I don't believe that his mother and the other employees would be truthful about the ipad being a gift if my speculation is accurate...


 


I want to come forward about it because one I'm innocent and have nothing to hide and I want to cover all my basis even with the person I gave the gift to..just in case and the reason I want the person I gifted the ipad to...to state under a deposition with my Criminal defense attorney that it was brand new/unused when it was given.


 


I'm I doing the right things?

Expert:  Hammer O'Justice replied 2 years ago.
Your attorney needs to know everything about the case in order to best help you. Anything you tell the lawyer is confidential and he can't relay it to others without your permission. So if he is aware of the gift Ipad, then he can decide how to best deal with the situation, and whether that information should be shared with law enforcement and/or the prosecutor. Likely, he will hold onto the information until he has a better idea of what the allegations and evidence are.
Customer: replied 2 years ago.

Thank you So Much and I will do just That!!!!

Customer: replied 2 years ago.

I have an appointment with my attorney tomorrow and I told him everything like I previously shared and the person I gifted the ipad to will also be at the appointment with the gifted ipad I in return gave her so the attorney can take pictures of it and document the serial# XXXXX


 


The attorney said he is 300/hr and pre-trial out of county cost is


$3,500.00 and of course there's additional court cost if it goes to trial.


 


The attorney put in a call to the detective to find out more about the allegations and the theft charge against me by the ex-employer.


 


The attorney stated depending on the value of the ipad if going by high-end retail this will be considered a Class A mis opposed to felony and also the attorney stated the ex-employer has to have some physical evidence to support or prove that he saw me or someone else saw me "take" said ipad and it's in my possession in order to be charged.


 


Is the $3,500 fee average cost or can I get a better deal?

Expert:  Hammer O'Justice replied 2 years ago.
In all honesty, the rates of attorneys vary from case to case and region to region so I couldn't tell you what the going rate in your area is. If you are uncomfortable with the amount, you can call a couple of other attorneys to see what they would charge you. If you need help locating attorneys, you can use a directory like www.martindale.com, which allows you to search by zip code and practice area.
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4093
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and 3 other Criminal Law Specialists are ready to help you

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