Legal Question in Criminal Law in California

In August I called a former co-worker because I needed to use a machine to cut some product where I use to work. He agreed but only on Saturday when no one was there and it did not take his work time. He (former co worker) had a key and pass code to get into the location we did not break in. I went and took my own product, while we were working another employee showed up and asked me to leave and accused us of stealing (or planning to steal). I left with nothing not even the product I took there, a police report was taken two days later and now have a meeting with a detective.

I have a credit card draft and a letter from another company where i got the product from, also I left with nothing when asked to leave. Do I have enough evidence to stop this at the police investigation point before a criminal filing?

I was also involved in something 16 years ago in which I plead to a misdermeaner, would that come into play as well?

Scared in Los Angeles


Asked on 9/14/09, 12:15 am

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

The "former co-worker" that let you in still works there? Or he HE an ex-employee too? If the latter, I think you have a problem. If the former, in my opinion you are guilty of neither burglary nor theft nor attempts at either, so yes fight it. This could be stopped at the pre-filing stage.

After all your specifics on the current situation, I don't know why you go vague on "involved in something 16 years ago", but if it was a theft case, then this will make the D.A. more likely to charge, but still, I think you are not guilty of theft or burglary, assuming you can prove all you've said here. Whether you were trespassing or some other minor offense is another matter that will depend on details of the incident not yet given.

Read more
Answered on 9/14/09, 11:44 am


Related Questions & Answers

More Criminal Law questions and answers in California