Legal Question in Criminal Law in California
Boss accusing former secretary of his crime
My former boss ( who is a town justice and a P.I.)cashed some checks from a client that were suppose to be used to pay that clients bills, Boss kept the money never paid bills, Now five years and numerous lawsuits later, former Boss decides he and his attorney will say I forged bosses name on checks, cashed them and kept money....Which I did not do.....Comission on judicial conduct contacted me and said I may have to testify over the phone because this took place in NY and I reside in Ca. What can I do to protect myself? my boss was a bad person that took money from clients all the time and never did work for them ...That is why I quit working for him...I'm afraid because of his position I will get the blame for something I did not do........No attorneys I contact through the phone will help me......
2 Answers from Attorneys
Be prepared
Don't treat this lightly, for you are at a disadvantage, especially with the proceedings in NY and your former employer being an attorney. As a minimum you should file a complaint with the NY state bar against his license to practice, if what you say is true. Second, if you are formally charged with the crime, you will be provided an attorney free of cost.
Make no statements. Sign no documents, until you have an attorney. Do not testify unless permitted to do so by an attorney who is completely familiar with your case. You have constitutional rights that may be lost should you testify on the record, especially if you inadvertently incriminate yourself, or appear to incriminate yourself, which will be easy to do if you try and defend yourself.
Re: Boss accusing former secretary of his crime
If you can get copies of the forged signatures and copies or original of the judge's signature and other writing exemplars there is a hand writing expert down the street from me that has an impeccable reputation.
However, the judge's reputation is obviously bad or the judicial qualifications board wouldn't be taking him to task. And I suspect the judge's attempt to kick up a lot of confusion and obfuscate the issues will be handled by the prosecutor in this administrative proceeding. But you can expect that there will be a criminal prosecution. And at that time they'll want you to come back to testify.
So at this time I'd seek some help locally from an attorney that can assist you at the oral testimony during your telephone interview. That is if New Jersey will permit it.
If you're really concerned, you might raise your 5th Amendment Rights. However, that might make you look more culpable. And in California they can require you to testify at an Administrative Hearing even though you've raised your 5th Amendment Rights.
At this point I'd testify, and if there is a problem later a good hand writing expert would be very helpful.
There is no easy road. You're either innocent and the people are entitled to your testimony or you're not, and raise your 5th.
I've a buddy back there that is admitted in New York. However, I don't know about New Jersey. However, in a pinch I can call him and discuss the problem.
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