Please help - wrongfully accused

[pamela01]

What is the name of your state (only U.S. law)? Boston, MA

Hi everyone, im hoping someone can give me advice. This is going to be abit long so please bear with me, ill be as detailed as possible.

I am an aupair (nanny) from South africa. I have been working for a single mom for the past 8 months. About a month ago i told her i wasnt going to stay with her for another year as i would like to see another part of the USA. Since then the trouble started..

This past tuesday 06/26 before she left to work and took the kids to day care she told me to return the things i had taken ,since things were getting to bad and worse everyday i decided to pack my stuff and leave. I informed the agency of the situation and the told me since i didnt tecnically finish my year i would have to buy my own ticket home, which is what i done.

So she opened case against me for theft of 2 digital cameras, a video recorder, underwear, socks, claims i drove her car, took cheques from her, and cant remember the rest. The thing is that the police has not contacted me but has contacted the area director and she informed me that the police has called her and a warrant of my arrest will be issued if i dont call them, even though i have called and cant get a hold of the detective in charge of the case. The woman i was working for knew that my flight was booked for Sunday (tomorrow)and only opened the case yesterday (friday) out of spite. I would just like to know the following :

There is no proof that i took anything of the above mentioned (which i trully never) , what can happen in this case that i am leaving tomorrow and havent spoken to the authorities (they know im leaving), can i get arrested? its her word against mine.



Please i really hope someone can help me

 

[davew128]

What is the name of your state (only U.S. law)? Boston, MA

Hi everyone, im hoping someone can give me advice. This is going to be abit long so please bear with me, ill be as detailed as possible.

I am an aupair (nanny) from South africa. I have been working for a single mom for the past 8 months. About a month ago i told her i wasnt going to stay with her for another year as i would like to see another part of the USA. Since then the trouble started..

This past tuesday 06/26 before she left to work and took the kids to day care she told me to return the things i had taken ,since things were getting to bad and worse everyday i decided to pack my stuff and leave. I informed the agency of the situation and the told me since i didnt tecnically finish my year i would have to buy my own ticket home, which is what i done.

So she opened case against me for theft of 2 digital cameras, a video recorder, underwear, socks, claims i drove her car, took cheques from her, and cant remember the rest. The thing is that the police has not contacted me but has contacted the area director and she informed me that the police has called her and a warrant of my arrest will be issued if i dont call them, even though i have called and cant get a hold of the detective in charge of the case. The woman i was working for knew that my flight was booked for Sunday (tomorrow)and only opened the case yesterday (friday) out of spite. I would just like to know the following :

There is no proof that i took anything of the above mentioned (which i trully never) , what can happen in this case that i am leaving tomorrow and havent spoken to the authorities (they know im leaving), can i get arrested? its her word against mine.



Please i really hope someone can help me

Don't talk to anyone without an attorney, whether you did it or not.

 

[LdiJ]

What is the name of your state (only U.S. law)? Boston, MA

Hi everyone, im hoping someone can give me advice. This is going to be abit long so please bear with me, ill be as detailed as possible.

I am an aupair (nanny) from South africa. I have been working for a single mom for the past 8 months. About a month ago i told her i wasnt going to stay with her for another year as i would like to see another part of the USA. Since then the trouble started..

This past tuesday 06/26 before she left to work and took the kids to day care she told me to return the things i had taken ,since things were getting to bad and worse everyday i decided to pack my stuff and leave. I informed the agency of the situation and the told me since i didnt tecnically finish my year i would have to buy my own ticket home, which is what i done.

So she opened case against me for theft of 2 digital cameras, a video recorder, underwear, socks, claims i drove her car, took cheques from her, and cant remember the rest. The thing is that the police has not contacted me but has contacted the area director and she informed me that the police has called her and a warrant of my arrest will be issued if i dont call them, even though i have called and cant get a hold of the detective in charge of the case. The woman i was working for knew that my flight was booked for Sunday (tomorrow)and only opened the case yesterday (friday) out of spite. I would just like to know the following :

There is no proof that i took anything of the above mentioned (which i trully never) , what can happen in this case that i am leaving tomorrow and havent spoken to the authorities (they know im leaving), can i get arrested? its her word against mine.



Please i really hope someone can help me

If you return home to South Africa, then its highly unlikely that anything could or would be pursued against you. If you move to another part of the US, its still somewhat unlikely. You haven't been charged with a crime at this point, therefore you are not "fleeing".

The detective could possibly show up at the airport and attempt to arrest you, but that is not all that likely.

 

[Just Blue]

If you return home to South Africa, then its highly unlikely that anything could or would be pursued against you. If you move to another part of the US, its still somewhat unlikely. You haven't been charged with a crime at this point, therefore you are not "fleeing".

The detective could possibly show up at the airport and attempt to arrest you, but that is not all that likely.

OP, per her posting, has an active warrant for her arrest. She will be detained at the airport. How can you say "that is not at all likely"? Are you not an "expert" in MA Criminal Law? Should we add that to your "cornucopia of multi-state talents"?

OP, You should deal with this BEFORE leaving Boston or you likely will end up in a Boston jail for evading. HIRE a Boston Attorney to assist you.

 

[LdiJ]

OP, per her posting, has an active warrant for her arrest. She will be detained at the airport. How can you say "that is not at all likely"? Are you not an "expert" in MA Criminal Law? Should we add that to your "cornucopia of multi-state talents"?

OP, You should deal with this BEFORE leaving Boston or you likely will end up in a Boston jail for evading. HIRE a Boston Attorney to assist you.

Blue, no where does it say that there is a warrant for her arrest. It says that the detective threatened to issue a warrant for her arrest if she did not speak to the detective. It says that the detective wants to talk to her and she has attempted to contact the detective. There is a HUGE difference between a warrant for an arrest and a detective wanting to speak to someone...even if the detective threatens to issue a warrant.

In addition, whether or not the detective would choose to try to arrest her at the airport depends on priorities. I kind of doubt that a she said/she said situation would be any kind of top priority for a police detective. OP, I would suggest that you get a consult with your embassy.

 

[swalsh411]

The police will issue a warrant for your arrest if you don't talk to them??? I don't believe that for a second. That's simply not how they operate. If they had enough evidence to get a warrant they would do it now regardless of whether or not you talked to them.

OP should *not* attempt any more contact with the police.

I agree with LdiJ here.

 

[Just Blue]

Blue, no where does it say that there is a warrant for her arrest. It says that the detective threatened to issue a warrant for her arrest if she did not speak to the detective. It says that the detective wants to talk to her and she has attempted to contact the detective. There is a HUGE difference between a warrant for an arrest and a detective wanting to speak to someone...even if the detective threatens to issue a warrant.

In addition, whether or not the detective would choose to try to arrest her at the airport depends on priorities. I kind of doubt that a she said/she said situation would be any kind of top priority for a police detective. OP, I would suggest that you get a consult with your embassy.

LD, If OP does not speak with the BPD she stated that a warrant will be issued. Are you at ease with playing games with this OP? Apparently so, per your weak-tea advice.

OP, PLEASE CONSULT with a Massachusetts Criminal Attorney before listening to the LEGAL Advice of an ACCOUNTANT from the mid-west. Good luck to you.

 

[Just Blue]

The police will issue a warrant for your arrest if you don't talk to them??? I don't believe that for a second. That's simply not how they operate. If they had enough evidence to get a warrant they would do it now regardless of whether or not you talked to them.

OP should *not* attempt any more contact with the police.

I agree with LdiJ here.

Do you live in MA? Have you ever? What do you know of the BPD?

I have also lived for 44 of my nearly 47 years in this state.

 

[swalsh411]

LD, If OP does not speak with the BPD she stated that a warrant will be issued. Are you at ease with playing games with this OP? Apparently so, per your weak-tea advice.

No. OP heard second hand that the police threatened to issue a warrant if she did not speak with them. That is a far cry from saying it will actually happen. Detectives lie *all* the time in order to get people to talk. If they had enough to issue a warrant why wouldn't they have done so already?? It is entirely possible the detective is aware of the OP's lack of knowledge regarding her rights and is counting on her being scared because she is in a foreign country. Luckily there are resources like this forum which can mitigate some of the games they like to play.

 

[Just Blue]

No. OP heard second hand that the police threatened to issue a warrant if she did not speak with them. That is a far cry from saying it will actually happen. Detectives lie *all* the time in order to get people to talk. If they had enough to issue a warrant why wouldn't they have done so already?? It is entirely possible the detective is aware of the OP's lack of knowledge regarding her rights and is counting on her being scared because she is in a foreign country. Luckily there are resources like this forum which can mitigate some of the games they like to play.

Did you read the dates? On 6/29 the BPD made contact with her agency. The LEO likely has not been able to file for the warrant.

The bottom line is that OP should deal with this BEFORE she moves on to another state. She should NOT appear to be absconding or evading. FOR HER BEST INTEREST! Just deal with the situation now BEFORE it escalates!

 

[st-kitts]

Did you read the dates? On 6/29 the BPD made contact with her agency. The LEO likely has not been able to file for the warrant.

The bottom line is that OP should deal with this BEFORE she moves on to another state. She should NOT appear to be absconding or evading. FOR HER BEST INTEREST! Just deal with the situation now BEFORE it escalates!

the only thing I would note here is that OP is not going to another state, but home to South Africa. It could be an issue if she ever decides to come back to the USA, IF charges are filed and an arrest warrant is issued, but I would strongly surmise that the possibility she stole from her employer is not going to create an extradition situation from her home country.

 

[davew128]

Do you live in MA? Have you ever? What do you know of the BPD?

I used to work out every night with a captain from the academy. If they wanted her, they'd have gotten her already.

 

[davew128]

The bottom line is that OP should deal with this BEFORE she moves on to another state. She should NOT appear to be absconding or evading. FOR HER BEST INTEREST! Just deal with the situation now BEFORE it escalates!

The rest of it call it lawyering up.

 

[swalsh411]

Do you live in MA? Have you ever? What do you know of the BPD?

I have also lived for 44 of my nearly 47 years in this state.

Are you saying they are incapable of obtaining a warrant on short notice? That there aren't judges on call to sign them 24/7/365?

 

[Just Blue]

the only thing I would note here is that OP is not going to another state, but home to South Africa. It could be an issue if she ever decides to come back to the USA, IF charges are filed and an arrest warrant is issued, but I would strongly surmise that the possibility she stole from her employer is not going to create an extradition situation from her home country.

About a month ago i told her i wasnt going to stay with her for another year as i would like to see another part of the USA. Since then the trouble started..

St-kitts, You are correct. IF a warrant has not been filed, and frankly we can't know that based on the OP first post, then PERHAPS OP will be "safe" to leave the U.S.. BUT!! PERHAPS not.

The CORRECT LEGAL ANSWER IS for OP to just deal with this.

I honestly do not know why this seems to boggle you all.