Accused of embezzlement

[Needhelpinms]

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

 

[Needhelpinms]

I worked at a local small business as secretary/bookkeeper for 6 months. After a couple of weeks I was issued a company cc with my name on it as were several other employees The employees asked me if personal purchases could be made, and I told them I would ask the owner. I asked and he said if I wanted to be the one the kept up with personal vs business expenses and payroll deduct, then he didn't have a problem with it. We all used the cards for business and personal for about a month, then his wife found out and said no more personal charges and we stopped. In her letter to me ( which I still have and its handwritten) she states she realizes I had paid it back but could not do it anymore. That was fine after that the card was only used for business and gas ( which was for everyday company errands that I had to make) never more that 25 a week. In the police report they say it was unauthorized cc use and listed every transaction (business and personal). The report also states I wrote checks to myself and cashed them. I did not have signing privileges and never signed anything. The only checks I ever cashed were payroll signed by the owner.

My question is how in the world could I have been arrested for this? And will I get to show my proof to prosecuted before grand jury sees it? With no job, I can't afford an attorney so I will have to be appointed one. I don't know what I should do.

 

[Zigner]

I worked at a local small business as secretary/bookkeeper for 6 months. After a couple of weeks I was issued a company cc with my name on it as were several other employees The employees asked me if personal purchases could be made, and I told them I would ask the owner. I asked and he said if I wanted to be the one the kept up with personal vs business expenses and payroll deduct, then he didn't have a problem with it. We all used the cards for business and personal for about a month, then his wife found out and said no more personal charges and we stopped. In her letter to me ( which I still have and its handwritten) she states she realizes I had paid it back but could not do it anymore. That was fine after that the card was only used for business and gas ( which was for everyday company errands that I had to make) never more that 25 a week. In the police report they say it was unauthorized cc use and listed every transaction (business and personal). The report also states I wrote checks to myself and cashed them. I did not have signing privileges and never signed anything. The only checks I ever cashed were payroll signed by the owner.

My question is how in the world could I have been arrested for this? And will I get to show my proof to prosecuted before grand jury sees it? With no job, I can't afford an attorney so I will have to be appointed one. I don't know what I should do.

An attorney should be appointed for you.

 

[quincy]

I worked at a local small business as secretary/bookkeeper for 6 months. After a couple of weeks I was issued a company cc with my name on it as were several other employees The employees asked me if personal purchases could be made, and I told them I would ask the owner. I asked and he said if I wanted to be the one the kept up with personal vs business expenses and payroll deduct, then he didn't have a problem with it. We all used the cards for business and personal for about a month, then his wife found out and said no more personal charges and we stopped. In her letter to me ( which I still have and its handwritten) she states she realizes I had paid it back but could not do it anymore. That was fine after that the card was only used for business and gas ( which was for everyday company errands that I had to make) never more that 25 a week. In the police report they say it was unauthorized cc use and listed every transaction (business and personal). The report also states I wrote checks to myself and cashed them. I did not have signing privileges and never signed anything. The only checks I ever cashed were payroll signed by the owner.

My question is how in the world could I have been arrested for this? And will I get to show my proof to prosecuted before grand jury sees it? With no job, I can't afford an attorney so I will have to be appointed one. I don't know what I should do.

What you can do if you cannot afford an attorney is plead not guilty in court, request a court-appointed attorney, present the court-appointed attorney with all of the evidence you have showing you did NOT embezzle, and hope that the state cannot prove their case against you.

Here is a link to the laws of embezzlement in Mississippi (click on 97-23-19 through 97-23-27): http://law.justia.com/codes/mississippi/2010/title-97/23

Good luck.

 

[Needhelpinms]

Thank you both for your response! I had no idea someone could accuse you of something and without even talking to you they issue a warrant. Something needs to be changed with the system.

 

[quincy]

Thank you both for your response! I had no idea someone could accuse you of something and without even talking to you they issue a warrant. Something needs to be changed with the system.

Well, logically, if the police were to inform criminals in advance that they were going to be arrested, the criminal thus warned might take off.

An arrest can be made if the police believe a person committed a crime, this even if charges are not pursued by the prosecutor.

The use of company credit cards to purchase personal items should never have been allowed. That was bound to cause problems. Your attorney can sort through the facts and, if you did not embezzle any funds from the company, the attorney should be able to help you show this.

Good luck.

 

[Chyvan]

With no job . . . . I don't know what I should do.

File for unemployment to get some money coming in while this thing is sorting itself out.

 

[quincy]

File for unemployment to get some money coming in while this thing is sorting itself out.

Needhelpinms should NOT file for unemployment until s/he has had a chance to speak with the court-appointed attorney.

Anything that is said to anyone by Needhelpinms about the embezzlement can be used against Needhelpinms in court. This includes any statements made to the unemployment office about the reasons for the termination.