Legal Question in Criminal Law in California

I am being charged with felony embezzelment and i just found out that the person whom brought this information to the DA attention has just filed a civil suit against another party stating that they are responsible and seeking the monies from them and their business they just filed a cross complaint and are now seeking the amounts from the person whom brought the suit the general manager of the company and myself who was and employee of the company stating that we should all equally have to pay the amount in the counter suit . Can the still file proceed with the criminal charges against me know that the victim has filed a suit against another party stating they are responsible


Asked on 10/02/09, 11:16 am

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

The case can still proceed, but the information you've provided is very relevant to your defense.

Several people can work together to commit a crime, and all would be equally guilty. You could be prosecuted on a theory that you were involved with the person named in the civil suit.

The plaintiff/alleged victim might also have filed the civil case against the defendant and multiple "Does," as in "John Doe." This procedure allows them to add other possible defendants as they are discovered.

On the other hand, the allegations against the other person in the civil complaint could be used in your criminal case to show the witness has made inconsistent statements or has a motive to lie.

You should discuss all of this with the attorney representing you in the criminal case. If you can't afford to hire an attorney, ask the judge to appoint the public defender.

This is a complex matter, and my thoughts are based on your brief factual statement. An attorney with all of the information might reach a very different conclusion.

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Answered on 10/03/09, 3:12 pm


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