Legal Question in Business Law in California
Theft?
If this should go to another department, please forward it. I was working for a textbook company for 4 years. I recently took $2000 worth of books and sold them for personal gain. I got caught and was terminated on he spot for it. I wrote a ''I'm sorry'' letter to them and sent a check or the amount I took. What are the chances that charges will be filed against me and what could my sentence be? I spoke to HR today and she said they are not sure if they will or not yet.
4 Answers from Attorneys
Re: Theft?
your conduct is illegal based on both criminal (theft) and civil law (conversion). thus, you could be subject to both criminal and civil actions being brought against you unfortunately.
the "apology" letter was a good start but it may not be enough to relieve you from liability if the company you work(ed) for decides to pursue the matter criminally and/or civilly in court.
the best advice we can give you right now is to promptly speak with an attorney regarding all pertinent facts relating to your case. thereafter, you and/or the attorney may be able to negotiate a favorable settlement that is mutually beneficial to both parties under the circumstances and you may be able to avoid civil and/or criminal liability. but you definitely want to act swiftly here. if you would like a free phone consultation, email us today with your contact information.
Re: Theft?
There is no certainty that your company will (or will not) want to pursue criminal charges against you. Since it appears you made restitution, that's a great start. You might speak with a criminal attorney in your area to discuss it further. A good start will be the county bar association's lawyer referral service. I would advise not to post any admissions of criminal activity on the internet in the future. Good luck to you.
Re: Theft?
The decision to prosecute (or not) is up to the district attorney. The DA's decision will be influenced, but not made, by your company through its decision to "press charges" or not.
Although what you did could be prosecuted as a felony, if this is your first offense I think you would be in a good position to plea bargain for a lesser charge and a recommendation of probation rather than jail or prison time.
I don't see any real advantage to hiring a lawyer until you know that you need one, and whether what you need is a civil or criminal defense specialist. If you need but can't afford a criminal lawyer, the public defender will represent you.
Re: Theft?
Basically you probably need a criminal attorney, but really doesn't matter. In my opinion no one can give you answer this. They're not familiar with the parties, the company, the severity, the policy of the company, whether it is written or not, the history of the company and numerous other factors which play into whether or not the company will take criminal action. Therefore your question while calling for a very simple answer is impossible to determine. If you're still concerned, which I would become highly contact the criminal attorney immediately so you would know the consequences of your acts and, most importantly, what you might do after getting proper legal advice to reduce any kind of claim against you.
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