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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12620
Experience:  Attorney
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I took some gold coins from work then told another employee

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I took some gold coins from work then told another employee and they told our boss i was fired they told me if i brought them back they wouldnt press charges so i did now they are saying i took more than i brought back an investogater called me and left amessage saying if i didnt return his call he would put a warrant out can he do this

Brandon M. :

Hello there.

Brandon M. :

Thank you for your question. There are several layers to this question. First, when someone threatens to report you to law enforcement if you do not turn over something of value, that is ordinarily criminal extortion. In other words, any time you say "give me that, or else..." it can be a crime, even if you are entitled to receive what is demanded.

Brandon M. :

That said, an agreement to not be reported to the police if you return property is non-binding. In other words, even if it was agreed that all of the property alleged to have been stolen was returned, nothing would stop anyone from reporting the theft to the police or the police from investigating and prosecuting the theft. Usually, people will stand by their word, but there is no law ordinarily stopping the report from being made.

Brandon M. :

The only reason for wanting to talk to you is to use your words against you. Maybe they have enough evidence to make an arrest, or maybe they don't, but I can tell you that if you do return his call, there is nothing that you say that can stop him from pursuing an arrest warrant. If he thinks you are guilty, he will pursue an arrest warrant regardless of whether you return his call.

Brandon M. :

Let me know if further clarification is needed. Thanks.

Customer: replied 4 years ago.

What kind of proof do they need tto get a conviction

Proof beyond a reasonable doubt, which is why it's so critical to not allow yourself to be interviewed by police when suspected of a crime--anything you say can and will be used against you, and they need all the help they can get.
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