Criminal Law Questions? Ask a Criminal Lawyer.
Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.
This is a real tough situation.Normally I would tell you not to admit to anything or give any statement here.They might terminate you regardless of what you say and could use your statement to prosecute you.
As long as you feel you have to do this to try to save your job then do so.I sure wouldn't admit to anything.It is very possible they don't have enough to take action and are hoping you admit to it and use that to terminate you.I would claim ignorance, say you don't remember, you had a lot on your mind here, work, personal life. etc.
Admitting to it doesn't really protect you so to me claiming lack of recollection is the best you can do here.You have the option to quit if you think they are going to terminate you anyway.At least that way it would be hard for them to prosecute since you haven't said anything.
Overall it has been my experience that they are likely to terminate you for theft so you may decide to resign here in lieu of getting fired.You are literally between a rock and a hard place.If you decide to be interviewed admit to nothing don't help them prosecute you and fire you.
As an employee at will here in California they can terminate you with or without cause. So knowing that you may decide that you do not want to be interviewed and stay silent here.
California petty theft is the unlawful taking of property that is valued at nine hundred fifty dollars ($950) or less, under Penal Code 484(a) & 488 PC.1
The majority of petty theft cases arise when someone simply physically takes property that belongs to someone else. This is known as "theft by larceny.
Decline to be interviewed.If you admit to it here they can fire you and prosecute.Consider quitting without giving statements.
If petty theft with a prior is charged as a misdemeanor, the maximum county jail term increases from six (6) months (for regular petty theft) to one (1) year (for petty theft with a prior
If they add this up to more than $950 it will be a higher penalty.
Again I would certainly consider just quitting telling them you found another job.That lets you leave quickly without admitting anything.
I wish you the best here.It happens.You can move on here let it go.
And often they don't have the evidence they claim no if you quit they likely let it go here.The security video is usually recorded over after say a week here.Don't tell them anything thats your right here, 5th amendment.
Thanks again.If you ca positive rate it is greatly appreciated.
You can ask for your things back here and decline to be interviewed all they can do is terminate.
Here are Petty Theft Crimes they could try to charge you with.
Talking to these guys is not a good idea.
Thanks again for the chance to help.I will say a little prayer for you here
They could try to prosecute but usually this just goes away.Often they are trying to get you to confess to multiple things, here you can quit and tell them you want your stuff.And you are entitled to it.Don't give them anything else say as little as possible.Tell them you got a new job and aren't allowed to talk about it.
Thanks and the best here.
Hard to say there, if you are contacted by law enforcement here after interview then decline to be interviewed there too.If you haven't heard anything in a month you are probably good here.
Send the email telling them you quit and where to send your last check here and also about picking up your stuff.Thats the best you can do this sounds like a set up they were trying to get you to admit things, no sense doing that.
I think you are going to need a lawyer.I would call them back once you have a lawyer and give the police the lawyers name.Clearly they were trying to set you up here.It is important to you because you want to avoid having this on your record.
Lawyer for you here
call the State Bar of California at(866)(###) ###-####/a>
I wish you the best here, sorry this happened to you.
If you can positive rat 5 stars when we are done it is always much appreciated.