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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27123
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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in an embezzlemet case that has been sent back to the police

Resolved Question:

in an embezzlemet case that has been sent back to the police for further investigation (two people involved) why won't the DA tell my attorney why it got sent back...just an example reason.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.
The answer is that they don't have enough information yet to know how/if it will affect the charges. That's what needs to be investigated. When they're sure, you and your attorney will be the first to know.

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Customer: replied 7 years ago.
how/if it will affect the charges....I have not been charged yet....would I be right in assuming since the DA wouldn't tell my attorney why it went back to police, that it is to further investigate me? Last question they I will hit accept answer. Thank you for your quick response.
Expert:  Zoey_ JD replied 7 years ago.

Thanks for the quick response. Investigations into criminal matters are not matters of public record, so it's hard to say categorically whether you're more or less likely to be arrested for this matter and whether they are also looking at anyone other than the two people you mention as being presently under suspicion.

I'm under the belief when you're merely a suspect, that the more time that goes by with no charges filed, the better. So meanwhile, as you do have a lawyer, do not reach out to the police yourself and attempt to find out what's going on here and stir a pot that does not appear to be boiling. Just continue to go on with your life as if this didn't exist, to the extent that you can, because it may not ever amount to an arrest. And, should the police reach out to you (they probably won't if they know you've retained counse) make sure to say nothing more than " I'll have my lawyer get back to you on that," or "please call my lawyer."

On a California felony, if this embezzlement involves public funds, there is no statute of limitations, so the police can take a lifetime to investigate. If it doesn't, then depending on the level of the felony, the case would have to be brought within 3 or 6 years.


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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.
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