Legal Question in Criminal Law in California

I have not been charged with a crime yet but my employer believes that I have embezzled money from his business. For the funds that he can prove due to credit card files, he has already drafted an agreement for me to pay back the money. Since then I have written him a check but he has not cashed it yet. He has found out since then that there is alot more money missing, some he can prove and some he cannot. When asked, he claims the papers have been filed and there is nothign he can do? What does he mean by that and what do i do now? Wait to be arrested? I also have alot of information on him concerning illegal business practices like paying employees as a 1099 to eliminate taxes. He is also going through bankrupcy too. What do I do?


Asked on 8/12/10, 12:30 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Gee, I wish you'd come to LawGuru before writing him a check. I'm not going to help you commit blackmail against the guy. Maybe you'll get lucky and he didn't really go to the police. Do not speak to the police -- NOT ONE WORD. Ask for a lawyer. Do not volunteer to go to a police station. If you hear from the police, give a holler. Gather the dirt you think you have on him and give it to a relative to give to your lawyer in the event you're criminally charged.

Read more
Answered on 8/17/10, 12:43 pm
Terry A. Nelson Nelson & Lawless

What do you do? Regret your 'confession' of guilt made by repaying him. Whether he files criminal charges, and whether the police and DA chose to prosecute are speculation at this point. He likely thinks he has grounds to do so now, or to leverage you into paying whatever he demands. You have adversely impacted what your attorney will be able to do in your defense, but it is 'better late than never' that you immediately hire an attorney to deal with the criminal charges and minimize the potential damage you face. If serious about doing so, feel free to contact me. In the meantime, belatedly take the normal TV cop show advice to 'exercise your 5th Amendment right to SHUT UP' and say nothing to anyone but your attorney.

Read more
Answered on 8/17/10, 2:58 pm


Related Questions & Answers

More Criminal Law questions and answers in California