My rights?

[cwms7780]

What is the name of your state? Ohio

My former employer is accusing me of theft of items & money from his store.
I am not guilty of this, however I recently started a new job and he is threating me with a lein on my house, a garneshment of wages, and to have me arrested. The items total under $700 with the money he claims I stole.
His son also works for the local police dept.

I want to fight this because I am not guilty but I cannot afford to be arrested & lose my new job. Help!

 

[pojo2]

IF you are innocent he will then have no evidence to present such as security tapes etc. right?

He has to go to court and get a judgment against you in order to put a lien on your house or anything else.

 

[cwms7780]

Re:

Thanks for the reply,
He does have security tapes of me there, The ONLY thing he has me on tape is taking a 4 pack of lighters, I paid for them at some point mabey not that day but I paid for them, none the less. I would be happy to pay for these bogus items he claims I took (they total less than $25) but he is accusing me of taking over $500 in cash out of his register, I did not of course & there is no merchandise totaling anywhere near that amount missing.
My question is can I be arrested because of his accusations, my parents have offered to pay this guy just to get him to leave me alone but If I can fight it without losing my job or hurting my family I will.
Being that his kid works for the police dept makes it easy for him to have me arrested I'd assume.
Also he keeps sending me letters trying to scare me into paying him, isn't this extortion?

 

[CdwJava]

My question is can I be arrested because of his accusations, my parents have offered to pay this guy just to get him to leave me alone but If I can fight it without losing my job or hurting my family I will.
Being that his kid works for the police dept makes it easy for him to have me arrested I'd assume.
Also he keeps sending me letters trying to scare me into paying him, isn't this extortion?

The prior theft (of the lighters) on tape will damage your credibility severely in court. Regardless of whether you paid for it later or not, there will be no proof of that payment and it still does not absolve the theft.

He could easily take you to small claims court, and the burden of proof there is much lower than in a criminal court.

To be convicted of theft takes more than just an accusation. He might be able to have you arrested (depending on the laws on your state and how much evidence he has to show the police), but to convict you he will need proof beyond a reasonable doubt. He will likely have to show what items are missing, when they turned up missing, and why you are the one that could have taken them.

His letters MIGHT be extortion ... but, they might not be. It is not uncommon for retailers to send letters to shoplifters requesting they pay a civil assessment or they will call the police ... this is not extortion.

You might consider consulting an attorney.

- Carl