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Grand larceny and legal recourse?

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Testtest

Junior Member
What is the name of your state? Virginia

My girlfriend worked for a cleaning company. As an employee, she was given the various equipment and supplies in order to perform this job.

10.4 - 10.12 her mom went into hospital for what would be her terminal illness. Calls boss to report. He tells her to take whatever time she needs. Does not assign her houses to clean. Asks for updates as to when she can come back.

10.12 - mother passes away
10.12 - 10.16 - making funeral arrangements. More calls to the boss.
10.17 - funeral service. Call to boss saying she can be back in on the 19th. He says they need to talk on the 19th
10.19 - she "had a feeling" what was up. Calls him just before noon. He fires her over the phone. Asks for his equipment back. She is upset, looks through paper for job. She is still grief-stricken and NOW unemployed.
10.20 - 9:49am he files a warrant for her arrest for grand larceny
- We later discovered that about 1:30-2pm he called her apartment phone (which was solely used by/for her kids, to which I can attest). He knows her cell phone number, mind you. He leaves a message with someone there - it was NOT one of her kids and she didn't get the message until the weekend. All he mentioned was asking for his stuff back - no mention of arrest warrant.
10.21 - 4-5pm she returns his equipment and to get paycheck. He never says a word about the warrant.

~2 weeks later she gets her paycheck from him.
She filed with labor board regarding an issue with the paycheck - he shorted her money - not for equipment. He eliminated a $1/hr payraise he had given her and deducted "training hours" as part of a policy for 30 day or less employees - she had worked for him for more than 30 days. She discussed with him, he denied it, so she was angry and reported this to the labor board, with just cause.

Time passes.
Apparently he just left that arrest warrant out there cause... months later...

1.10.06 - 2 eldest sons were in Marine boot camp during above. They held a memorial service for the boys, now that they were home. The boys were scheduled to leave on the 16th for MOS school and then to who knows where. Her younger brother decided to join Marines too, and was supposed to leave the following monday.

1.14.06 - she is arrested for this warrant. She received heavy bruising and was embarrassed and forced to strip search and be humiliated. She was also charged money by the jail for the bed, etc. Not to mention the ridiculous stress and agony of going through this process. She was very upset b/c of all of this and detained an extra 2 hours on what was supposed to be an unsecured bond.

I have spoken to a police officer friend of mine and he suggested talking directly with the Commonwealth Attys office about this. Is this advisable? I am not trying to be cheap, but if we can avoid $2500 just to get a lawyer for this situation would be nice.

If that is unavoidable, how can we go about recouping these legal fees, which should NOT have been accrued in the first place?

FYI - this guy is apparently VERY litigious. He sues everyone, according to records.
 
Last edited:


seniorjudge

Senior Member
Testtest said:
What is the name of your state? Virginia

My girlfriend worked for a cleaning company. As an employee, she was given the various equipment and supplies in order to perform this job.

10.4 - 10.12 her mom went into hospital for what would be her terminal illness. Calls boss to report. He tells her to take whatever time she needs. Does not assign her houses to clean. Asks for updates as to when she can come back.

10.12 - mother passes away
10.12 - 10.16 - making funeral arrangements. More calls to the boss.
10.17 - funeral service. Call to boss saying she can be back in on the 19th. He says they need to talk on the 19th
10.19 - she "had a feeling" what was up. Calls him just before noon. He fires her over the phone. Asks for his equipment back. She is upset, looks through paper for job. She is still grief-stricken and NOW unemployed.
10.20 - 9:49am he files a warrant for her arrest for grand larceny
- We later discovered that about 1:30-2pm he called her apartment phone (which was solely used by/for her kids, to which I can attest). He knows her cell phone number, mind you. He leaves a message with someone there - it was NOT one of her kids and she didn't get the message until the weekend. All he mentioned was asking for his stuff back - no mention of arrest warrant.
10.21 - 4-5pm she returns his equipment and to get paycheck. He never says a word about the warrant.

~2 weeks later she gets her paycheck from him.
She filed with labor board regarding an issue with the paycheck - he shorted her money - not for equipment. He eliminated a $1/hr payraise he had given her and deducted "training hours" as part of a policy for 30 day or less employees - she had worked for him for more than 30 days. She discussed with him, he denied it, so she was angry and reported this to the labor board, with just cause.

Time passes.
Apparently he just left that arrest warrant out there cause... months later...

1.10.06 - 2 eldest sons were in Marine boot camp during above. They held a memorial service for the boys, now that they were home. The boys were scheduled to leave on the 16th for MOS school and then to who knows where. Her younger brother decided to join Marines too, and was supposed to leave the following monday.

1.14.06 - she is arrested for this warrant. She received heavy bruising and was embarrassed and forced to strip search and be humiliated. She was also charged money by the jail for the bed, etc. Not to mention the ridiculous stress and agony of going through this process. She was very upset b/c of all of this and detained an extra 2 hours on what was supposed to be an unsecured bond.

I have spoken to a police officer friend of mine and he suggested talking directly with the Commonwealth Attys office about this. Is this advisable? I am not trying to be cheap, but if we can avoid $2500 just to get a lawyer for this situation would be nice.

If that is unavoidable, how can we go about recouping these legal fees, which should NOT have been accrued in the first place?

FYI - this guy is apparently VERY litigious. He sues everyone, according to records.


Q: I have spoken to a police officer friend of mine and he suggested talking directly with the Commonwealth Attys office about this. Is this advisable?


A: Have her get a public defender.
 

Testtest

Junior Member
Thanks for the response!!

Now, she doesn't trust the lottery that is the public defender's office - she has seen people get bitten by that one in years past with attys not really doing much since they don't really have a vested interest in the case.

The real question is, should we even bother talking to the Comm Atty about the case - having returned the gear in question a whole 2 days after getting fired (over the phone), which would seem to me to be a reasonable amount of time, shouldn't this whole case be dropped? This would save us from having to hire an atty at either 1500 or 2500 from the getgo. Would talking to the prosecuter be a bad idea or could it help us get the whole thing dropped?

Also, if we get a public defender from the start... if the case isn't just dismissed before trial, can we switch then to a paid atty? Would that affect the outcome of the case, you think? Would the judge allow have a problem with it?
 

garrula lingua

Senior Member
It's inappropriate for the Prosecutor to speak with the Defendant without a written waiver of rights, and most Prosecutors won't speak outside a court appearance, with waivers on file.

There are very fine attorneys working in the Public Defenders Office.

Before a court appearance: she/her attorney, should contact the investigating officer/detective assigned to the case. It is they who are responsible for investigating the facts of the case and advising the Prosecutor (with a copy of report to Court & to Defendant's Attorney.)

At the court appearance: she can ask for the PD, or she can represent herself & ask to speak with the Prosecutor & advise the Pros of facts, including the Labor Board problem.

At the court, her attorney should be given a copy of the police report.
If her ex-employer lied to the cops, ask the cops about filing a charge agin ex-employer for filing a false police report.

Seek advice from a civil (torts) attorney regarding her potential of suing the ex emplyer.

Good luck. I wouldn't waste money hiring a private attorney - it's not law enforcement's fault if her ex-boss is filing a false report. PD can handle this.

If you have a lousy PD, ask for a continuance to hire private counsel.
 

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