Legal Question in Criminal Law in California

Do I have any legal recourse for being falsely accused and charged with workers comp insurance fraud. I injured my shoulder at work. Went to company dr who took me out of work for 3 weeks with a strained rotator cup. While I was out, the home I was renting foreclosed and the landlord told us we had to be out by a certain date. On that date I was video taped lifting some things onto a truck to put into storage. I returned to work a week later and was fired for that. Almost 2 years later I was contacted by the DA office telling me I had a warrant out for my arrest for 2 felony counts of workers comp ins. fraud. If the judge dismisses can I sue the person/company that reported it as fraud since they had all the info in their possession showing I was legitimately injured and the circumstances showed that I wasn't trying to committ fraud.


Asked on 11/25/11, 6:56 pm

4 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

I wouldn't worry about civil recourse. You have your hands full dealing with FELONY charges. You should, in my humble opinion, focus on beating the criminal charges. Get a qualified attorney to fight for you. I wish you well........... David Wallin

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Answered on 11/25/11, 7:10 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The fact that some company has some "info" isn't going to magically make your felony case go away. To get your case dismissed will take effort, and unless you retain a good lawyer you'll be under tremendous pressure to plead guilty to a crime that will (at best) prevent you from receiving workers comp benefits, and from ever working again.

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Answered on 11/25/11, 9:34 pm
Terry A. Nelson Nelson & Lawless

Recourse? Yes. Defend against the criminal charges and submit your evidence. No, you don't get to sue anyone, no matter what the outcome.

When arrested or charged with any crime, the proper questions are, can any testimony or evidence obtained in surveillance, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. While this isn't a 'capital case', you certainly face potential prison / jail, and fines, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.

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Answered on 11/28/11, 12:31 pm


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