Embezzlement Charges

[bryanamys]

I have a 1:00pm appointment with a white collar detective on 6-13-00. I don't have enough money to take a lawyer in with me. The company I worked for accused me of taking in payments, writing off the debt and pocketing the money. They had me fill out an admission, saying that I'd keep my job. They then said that the were calling the police. I tore up the admission. They kept the pieces. They have nothing connecting me to the debt being written off. I need to know generally speaking what normally happens in an interview with the detective and what kind of punishment there may be if in fact I did take up to $600 and had no previous criminal activity in my life. Should I be honest with the detective or deny everything being that they have no proof.(as far as i know) Any kind of advice will help.
Thanks

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by bryanamys:
I have a 1:00pm appointment with a white collar detective on 6-13-00. I don't have enough money to take a lawyer in with me. The company I worked for accused me of taking in payments, writing off the debt and pocketing the money. They had me fill out an admission, saying that I'd keep my job. They then said that the were calling the police. I tore up the admission. They kept the pieces. They have nothing connecting me to the debt being written off. I need to know generally speaking what normally happens in an interview with the detective and what kind of punishment there may be if in fact I did take up to $600 and had no previous criminal activity in my life. Should I be honest with the detective or deny everything being that they have no proof.(as far as i know) Any kind of advice will help.
Thanks<HR></BLOCKQUOTE>


My response:

Well, first of all, if you allegedly committed the crime, we're not going to tell you to lie. That's the first thing.

Second, you had better get an attorney because there's going to be lots of questioning, and you have the right to an attorney during questioning.

You may be placed under arrest, and given your Miranda Rights, as follows:

1. You have the right to remain silent and refuse to answer any questions.
2. Anything you say may be used against you in a court of law.
3. As we discuss this matter, you have a right to stop answering my questions at any time you desire.
4. You have a right to a lawyer before speaking to me, to remain silent until you can talk to him/her, and to have him/her present when you are being questioned.
5. If you want a lawyer but cannot afford one, one will be provided to you without cost.
6. Do you understand each of these rights I have explained to you?
7. Now that I have advised you of your rights, are you willing to answer my questions without an attorney present?

Good luck.

IAAL



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[Damsel]

WHOA! You cannot afford NOT to call a lawyer! Borrow from your mother...sell your cat...call legal aide!

In many states, if you are charged with over $500, it is Grand Theft. That is a felony. You could get Probation only, if you are lucky but also most assuredly you will have to pay:

1. Court Costs
2. Fine
3. RESTITUTION TO VICTIM (you will be ordered to pay ALL the money back you are charged with taking.

If you are not so lucky, you will also be given jail time, or even prison time.

NO...you should *NOT* talk to the detective, nor ANY ONE else, without a lawyer present!!!

Tell them you are glad to talk but need time to find a lawyer and then keep your mouth shut until the lawyer is there to direct you as to what and when you should or should not answer.

The detective is not there to CLEAR you, he is gathering evidence most likely to PROSECUTE you!

I would tell the company to draft a letter SIGNED by MANAGEMENT that you are guaranteed you can keep your job, with no demotion or pay cut, and RELEASING you from liability in the matter if they want you to sign anything else (show your lawyer first) or speak further about this.

My guess is that you are probably on your way to getting fired anyway. And, by their conduct so far, your employer "Fraudulently induced you" to sign the document you did, which you did under duress, and only for fear of losing your job.

If I were you, I would write to the CEO saying just that and that you recant any and all admissions of guilt extracted from you while you were put under duress of otherwise being fired. I would push back and threaten to file a libel and slander suit, and workplace harassmenr, if their unfounded accusations continue. Tell them to present their evidence and file charges to allow you due process...or LAY OFF!

But you DO need a lawyer before you bury yourself. Most will give a FREE initial consultation so you have nothing to lose. Even if you have to yltmately pay, it will be cheaper than a criminal legal defense, bail/bond, court costs, fines and rstitutio...BELIEVE ME!

I am not a lawyer, so take nothing i have said as Gospel. I am just speaking from my own experience. CHECK WITH AN ATTORNEY...NOW!

P.S. If you violated banking laws, this could be an FBI/Federal matter with possible prison time. DO NOT DELAY IN CONSULTING A LAWYER!