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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24436
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was indicted for allegations of theft from a past employer

Customer Question

I was indicted for allegations of theft from a past employer 10-13-2015. I was released my my job duties June 18, 2011, the ex-boss claims he discovered the "embezzlement scheme" when he had a CPA preform an audit of his work finances Aug of 2011.In two written affidavits from HIS witness list claimed they discovered something going on with payroll and one even tried to tell them boss, yet the boss told him the office manager takes care of payroll so he doesn't want to talk about it. (The office manager is the person I'm being accused of manufacturing and carrying out this alleged event.) This was said to be done in 2009-2010.Yet in a lawsuit my ex-boss was in right before he sued me, he claimed that he knew his overhead was high due to the long work hours. In the year 2009 and hired a professional consultant to aid him in lowering his overhead (specifically his high payroll)The statute of limitations in texas for theft I believe is 5 years..... therefore would it be SAFE to assume he REASONABLY should have discovered any wrong doing either prior to hiring the consultant (or when he was working with the consultant at the least) in 2009?This started out as a civil case, but the opposing party dismissed their own civil case, so now it is a criminal case..... His false allegations and gross financial neglect (claiming to to look at his checking out and books for over 4 years) cost me my career as a financial adviser.......... I would like to sue him back for knowingly making false statements to the court, liable, and slander BUT I am no sure if I am still allowed to do that SINCE it has been over a year since the civil suit was dismissed.
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 month ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now.

What happened with the criminal case? Is it still open? Did you try to get it dismissed on grounds that the statute of limitations had been exceeded?

Expert:  Zoey_ JD replied 1 month ago.

In Texas the statute of limitations on a libel case is 1 year. However, there is something known as a litigation privilege, meaning if those statements were made in court during the litigation of a case, you cannot sue for defamation of character. Statements made in court could give rise to a cause of action for malicious prosecution, but not for defamation. That would have a 2-year statute of limitations.

Customer: replied 1 month ago.
The civil case came 1st and that was dismissed by the plaintiff.... the criminal case is still on going, i have three lawyers but they have only filed pass slips for over a year on the criminal case (the court I'm in we have gone through three D.A.'s, two judges, and three prosecutors..... so I think the reasons for the pass slips were caused by these changes PLUS we are waiting on full discovery still)
Expert:  Zoey_ JD replied 1 month ago.

Yes. I see that I have answered several questions before with regard to one aspect or another of your case. It sounds like an absolute nightmare.

Customer: replied 1 month ago.
you have an I am so thankful, it's really all I can think about! I worked there when I was 18 and I am now 27 so this man has really taken my whole adulthood (I was just working there to get through college) I'll certainly be glad when it's over but I don't even know what life will look like without this chaos. I was working as a financial adviser but now after being indicted for theft of a second degree felony I think it could be easier to start a new career rather than trying to explain the gap in my resume and trying to convince potential clients I'm not a thief and they can trust me with their money
Expert:  Zoey_ JD replied 1 month ago.

Unfortunately, you're probably right. Even low level misdemeanor theft convictions can make clients and prospective employers leery. Of course, when the smoke clears with your particular case, you may wind up with another dismissal or an acquittal. So let's hope a change of professions won't be necessary.

Expert:  Zoey_ JD replied 1 month ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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