Legal Question in Criminal Law in California

Charged again??

I worked for a Company for nine months in 2001. A few months after I left I was accused of stealing $15,000 cash. I did admit guilt and fully paid it back and the Company did not prosecute. The next Company I worked for fired me because the Owner stated that I breached the confidentiality agreement that I signed in my employee file. Well, I filed a claim for unpaid wages and now the Owner of my former Company is upset with me and then somehow found out about the situation I had with the Company I worked for previous to his. Now he is telling people that I know that he will see if any money is missing over the past few months and if there is he will accuse me of theft and take legal action (press charges and have me arrested) even if there is no evidence I stole anything. Quite a few people had and have access to cash at that Company. So can an ex-employer accuse me and have me arrested even if there is no reasonable direct link to me haven taken any cash? If there was money missing and quite a few people could have done it how legal is it to single out only one person and only after having upset my ex employer because I filed a claim for unpaid wages?


Asked on 10/10/02, 2:53 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Charged again??

You won't be charged and arrested without some evidence of guilt presented to the police and DA. If you are charged, you will need good defense, call if it happens. Good luck.

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Answered on 10/10/02, 4:45 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Charged again??

In order for the police to recommend filing charges, there has to be probable cause, or "articulable suspicion of criminal activity", and that you were the person that committed the criminal act or acts.

From there, a D.A. will decide what evidence there is, if any, to support any charges they can think of.

Only then will the case be filed, presumably, and you will be notified of the charges. You should get an attorney.

If the police are investigating, you can have an attorney speak to the detective on your behalf sometimes, or can work with the company to civilly compromise this case.

Please feel free to email or call me at 1-877-568-2977, as I'm happy to help in any way that I can.

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Answered on 10/10/02, 7:18 pm


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