Wrongly accused

[annaivan]

What is the name of your state (only U.S. law)? MI

I was terminated for theft of merchandise. I did not steal the merchandise. 8 months went by and a search warrant of my home was issued. The police did not find the merchandise at my home. What will happen next? What steps should I take to prepare for anything?

Thanks

[Shay-Pari'e]

You need to give more details.

[annaivan]

What details do you need?

[seniorjudge]

Originally Posted by annaivan

What is the name of your state (only U.S. law)? MI

I was terminated for theft of merchandise. I did not steal the merchandise. 8 months went by and a search warrant of my home was issued. The police did not find the merchandise at my home. What will happen next? What steps should I take to prepare for anything?

Thanks

This is kind of a vague post.

Exactly what information do you want?

We need facts and details.

[annaivan]

i was terminated for stealing a product which i didnt steal. i did not hear anything for 8 months and the police showed up at my home with a search warrant looking for it. my husband let them in and they did not find what they were looking for. does this mean i have charges filed against me? should i hire a lawyer? should i contact the detectives without a lawyer? i am afraid of this situation and have never been in trouble. i was set up by employees of mine that i had on action plans.

[outonbail]

Originally Posted by annaivan

i was terminated for stealing a product which i didnt steal. i did not hear anything for 8 months and the police showed up at my home with a search warrant looking for it. my husband let them in and they did not find what they were looking for. does this mean i have charges filed against me?

No, it usually means they are looking for evidence of the alleged crime to present to the DA, so he/she will file charges and put an arrest warrant out for you.

should i hire a lawyer?

I would suggest at least discussing the situation with one. Many will offer a free or low cost initial consultation, so you might want to look into something like this. If you haven't actually been charged with a crime, you shouldn't have to put out any big money for an attorney,,, at least not yet. But it can't hurt to have one on the ready and familiar with your situation if you are arrested.

should i contact the detectives without a lawyer?

No, do not speak to the police or detectives about this case. If they want you to come in to the station for questioning, refer them to your lawyer. I repeat, do not answer any questions or discuss this case with the detectives. If they contact you, refer them to your attorney!

i am afraid of this situation and have never been in trouble. i was set up by employees of mine that i had on action plans.

Being afraid doesn't help anything. The police don't file the charges, the district attorney or prosecutors office does. The police are looking for evidence to substantiate the accusation that you stole this item. If there is no physical evidence which points to your involvement, and you don't make any statements to the detectives, then I can't see the DA filing a case against you.

[annaivan]

Thank you for your help. I will set a a consultation with an attorney immediately. Is there a way for me to find out if charges are filed?

[outonbail]

Originally Posted by annaivan

Is there a way for me to find out if charges are filed?

The police should have left a copy of the warrant when they searched your home. If there was a warrant out for your arrest, I have to believe that it would have been included with the search warrant and would have given the police the authority to arrest you at that time.

If they were only searching your home in an attempt to find something they believe you had possession of and which would implicate you in a crime, then there is probably no arrest warrant issued at this time.

However, I would be bothered by the fact that the police applied for and received a search warrant for your residence. In order for the police to have gotten a search warrant, they would have had to convince a judge that there was good cause to believe that you were in possession of the stolen property in question, or that evidence of your involvement in the crime would be uncovered.

The police don't usually seek a search warrant and a judge wouldn't usually approve the warrant, if it was simply based on someone's personal belief that you are guilty of a crime.

The police will take a report and if the theft was substantial, they will usually hand the case over to a detective who will then conduct an investigation. There will be several phases of the investigation completed, which is basically collecting information, witness statements, developing a profile on you and possibly some degree of surveillance and subsequent to this, if the detective believes there is a a good probability that you are guilty of the crime, he/she will file an application for a search warrant with a judge. The judge reviews the information in the application and will only approve and sign the warrant if he/she is convinced that the information in the application, justifies the violation of your personal rights and issuing a warrant to search your home without your consent.

So what I'm getting at is this, these employees you claim were able to "set you up" and make you look guilty to your superiors, resulting in your termination is one thing. But convincing the detectives and police of something they know is untrue, can find them in jail themselves as well as civilly liable for the damages you suffer from their intentional actions.

So what reason would they have, after you're no longer employed there, to continue to set you up? Why would they make false statements to a detective and keep pushing the issue?

It just doesn't make much sense. If they wanted you fired and got that, why would they now want you to be convicted of a crime you didn't commit?

Did you sign anything admitting to the crime when you were terminated?

What is the value of the merchandise you are accused of stealing?

Have the detectives ever interviewed or questioned you about this theft?

I would be very concerned if I were in your shoes because the police are evidently under the impression that you are a criminal!

[annaivan]

I will attempt to answer your questions in order. I hope this helps for more advice.

1.So what reason would they have, after you're no longer employed there, to continue to set you up? Why would they make false statements to a detective and keep pushing the issue?

The loss prevention employee is the one who would have turned it over to the detectives. The employee who started all of this was terminated for theft shortly after me.

2.Did you sign anything admitting to the crime when you were terminated?

No

3.What is the value of the merchandise you are accused of stealing?

The cost of it was approx. 1400. Retail around 2000.

4.Have the detectives ever interviewed or questioned you about this theft?

No