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Marsha411JD
Marsha411JD, Attorney
Category: Legal
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Experience:  Licensed Atty, 28 yrs exp in the practice of law.
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I was recently suspended pending an investigation I took over

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I was recently suspended pending an investigation I took over 7,000 in cash from my employer over a 2 month period for financial hardship issues. i am a senior manager they pulled me into an office and asked me to write a statement and I did admitting to everything that I did and asked for the ability to pay restitution without them sending me to jail. The one gentlemen said by law he has to report this as embezelment. They told me they didn't want to call the police at this time because they wanted to know why I did this since it was out of character and the investigation is still pending. Do I need a lawyer at this time because I don't have any cash and is this a felony were I am looking for jail time or a probation. If I start looking for work and am arrested will that show up on a criminal background check or will it only show up if I am convicted. thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your questions. Without knowing exactly what the company is going to do it is difficult to make suggestions. However, assuming that they report this to the police, then yes, you will definitely need a criminal defense attorney. If you absolutely cannot afford one, and you meet the financial qualifications, then the court would appoint you a public defender for free if necessary. What I can tell you is that you should seriously consider declining any further statements about the facts surrounding the missing money. In other words, anything you say, either to your employer, a third party, or law enforcement, can and most definitely will be used against you in prosecuting the charges. So, declining to say anything is the best way to go at this point, even though you have already made a statement to the employer.

As for your background check, depending on what type of employment you are seeking, most employers may only ask you if you have been convicted of a crime and not just arrested. There are some exceptions like law enforcement jobs, banking, jobs that require special licenses, and safety sensitive jobs. But most can only ask about convictions and if they do a background check can only consider those. But to directly answer your question, if someone does a true criminal background check on you then arrests show up in addition to convictions.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.

If they report this to the police how does the process work does an officer come to my home and arrest me or do they give me a subpoena to appear before court?

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply. There are a variety of things that could happen. One is that you might first be contacted by a detective or police officer wanting to "talk" to you about the allegations. Their goal is to get you to admit to taking the money. That is why I told you it is not advisable to make a statement. On the other hand, if the State thinks they have probable cause and a judge signs an arrest warrant, you will be arrested and read your Miranda Rights telling you that you have the right to remain silent. Again, you absolutely should and should invoke your rights and ask for an attorney. The arrest can take place anywhere they find you. So, it could be home or work or anywhere. A felony is not a crime where you would get a summons through the mail. Summons are generally only used for citation type cases and in some misdemeanors.
Customer: replied 1 year ago.

If I am arrested and read my rights can I ask for an attorney even though I don't have the money for one will one be offered to represent me? Is the process after that bail to wait for a court date?

Expert:  Marsha411JD replied 1 year ago.
Well, unfortunately, just because you invoke your right to remain silent and say you want an attorney does not give you a right to a free attorney at that time. It only really signals the police that they can no longer question you about the facts of the case. You would have the right to call a private attorney to speak to them for a fee, but not a public defender. However, when you have your arraignment, that is when the court would appoint a public defender for you if you cannot afford one. Once you make bail, then you just wait for your first court date and that is when you get a court appointed attorney if you qualify and enter your initial plea, which is usually not guilty at that point until you and your attorney figure out the best way to handle your case.
Customer: replied 1 year ago.

how long is your arraignment after you get arrested

Expert:  Marsha411JD replied 1 year ago.
That should happen within three days of an arrest. You might want to read a summary of how the felony process works in NC by going to: http://www.attorneys.com/criminal-defense/north-carolina/the-felony-process/
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 17312
Experience: Licensed Atty, 28 yrs exp in the practice of law.
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