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