Legal Question in Criminal Law in California

Caught

i was a cashier for a retail drug store and was investigated for stealing! My boss had evidence that i stole and after telling me he'd go to the police if i did not admit to being guilty and pay back what they said i took.

i was really scared to being arrested so i admitted it and paid them back. of course i was fired!

a few days later my boss filed charges with the police and i was charged with stealing 1500 bucks and was told by my PD plead no contest!

so ok, i get 36 months probation, i pay restitution, and i work with cal trans for 35 days!

now my old boss says he thinks i took more on other days i worked. what's to stop him from filing more charges against me? pretty soon he'll be charging me separately for every single day he think i stole from him! can he do this?


Asked on 2/10/05, 4:53 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Caught

Well, you did steal from him. And you pled guilty to a theft offense, so you won't work again. Is this the first time you are seeking advice from lawyers other than the PD? Aren't you a little late in doing so? Maybe you will be re-prosecuted. More likely, not. Next time say nothing to the police, do not admit anything, and get a private attorney. Your next theft conviction will be a felony.

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Answered on 2/10/05, 9:53 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Caught

Yes. If your plea involved particular thefts and it later turns out that there were more, then you can be prosecuted for the newly-discovered thefts - provided that the charges are filed before the limitations period runs. You cannot be prosecuted again for the thefts to which you already pled no contest.

And for the benefit of other readers - it is rarely a good idea to admit to a crime. People who promise they won't turn you over to the police if you 'fess up are usually lying; after all, what other use would they have for an admission of guilt?

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Answered on 2/10/05, 3:53 pm


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