Need some advice on a theft charge

[SchalaLyn]

What is the name of your state? -- South Dakota

Hi, I need some advice for my husband. Thank you in advance.
A little background: My husband was working at a convenience store. On December 23, 2002 my husband was fired from his job for "confidentiality issues" because he was caught on tape putting some keys to a safe in a file cabinet as they weren't supposed to be left in the safe. That's not what I'm posting on as I realize SD is an "at will" state. The reason tape was being viewed was because a $200 drop was missing from the top part of the safe. I'm not sure if that's clear enough, if not let me know, am kind of upset at the moment.

Today, a police officer showed up at our door to ask my husband to come in later on for questioning. My husband went in and found out he's being accused of stealing the $200. They told him they have him on a time lapse video tape taking the money, but they were pushing for a confession when they told him that. He swears he is innocent, and I believe him. We weren't doing so well at the time the money was taken and I think I'd know if my husband had an extra $200 lying around.

The officer told him they would be turning it over to the state's attorney since he didn't confess. He also told my husband that he would more than likely have to take a lie detector test which he's okay with.

My questions are: Should he have spoken to the police without an attorney in the first place? Should I be contacting an attorney now? What kind of offense is this? What are the consequences if he's found guilty? and Should he take a lie detector test before I seek out an attorney?
I feel really lost on this, I don't want him to go to jail for something he didn't do, but I don't want to waste what money we have on an attorney if I don't need one right away.
Thank you again!

 

[hmmbrdzz]

I'm not an attorney, but if it's gone to the DA (the state attorney) for consideration (and prosecution), and if your husband spoke to the police without an attorney and is innocent, I think he definitely needs an attorney. Anything he said to the policeman can be used against him. It doesn't really matter if he "should have". He apparently did, and it can be used against him.

Hope someone else will be able give you more "advice" as to what he may be facing, but my overall opinion is -- he needs an attorney if he's innocent.


hmmbrdzz

 

[Mike101]

He should not have spoken to the police without an attorney. I would advise contacting an attorney. They will either go with a larceny charge or embezzlement. I would strongly advise against taking a lie detector test. Regardless of guilt or innocence.
If the cops are telling him he is going to have to take a lie detector test I would say that they don't have enough to charge. Using the fear factor.
With these types of crimes a good investigation will give the police all that they need. I don't think the cops in this case are conducting one.

 

[SchalaLyn]

Well, we're in the process of looking for a lawyer as the one we tried to hire said he wouldn't do anything until he was actually charged, which he hasn't been yet.

My husband's rethought the lie detector and is afraid the results might be wrong as he's never been in trouble with police before now and his heart rate/blood pressure are high just by being in this situation. *shrugs*

Anyhow, the other lawyer I spoke with, who by the way, seems like he'd help alot but is a little more costly than we first expected, told us they probably do not have enough evidence for a case if they're pushing him to confess and to take a lie detector test.

Also one more question, for anyone that might know, can someone tell me what a "DC1" is? The police officer told my husband that he'd have to bring the "DC1" down to do the test.

Thanks to both of you for your help!

 

[franklin2003]

I guess you and hubby will learn from this experience, when you are having financial problems, dont get a job around handling cash.

Is hubby's boss an alcoholic or a drug addict, or has he seen the boss gambling?

That is also where a lot of the missing money goes.