Legal Question in Criminal Law in California

Embezzlement

My employer owed me over $3000 in wages. I do payroll among other things & on payday I was sent to pick up a payment towards the purchase & repair of a vehicle (that wasn't even my employers to sell). I told my employer I was going to keep out what he owed me, he just laughed. Well, I did and as a result he had me arrested. Charges=Embezzlement by employee & Grand Theft: Property/ETC Over $400. What are my chances in this case without an attorney even if my employer doesn't press charges? Please Help?


Asked on 12/25/06, 10:36 pm

4 Answers from Attorneys

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

Re: Embezzlement

Why go without an attorney? You may have a good lawsuit against your employer for false arrest. Call one.

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Answered on 12/25/06, 10:56 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Embezzlement

I agree with Mr. Stone that you need a lawyer, but I disagree with him about why.

You seem to be guilty as charged so you need to take the case seriously. You took money that wasn't yours, and doing so is a crime even if the person you took it from actually did owe it to you.

What you are entitled to and from whom is for the legal system to decide, and the reason we have a legal system is to prevent people from resorting to self-help as you did. Neither the prosecutor nor the courts are going to be very synpathetic to you.

I don't see why Mr. Stone thinks you might have a claim for false arrest. And I'd say your chances in court are not going to be very good at all if the D.A. decides to proceed. Whether he will want to proceed if your employer doesn't press charges is impossible to say.

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Answered on 12/25/06, 11:43 pm
Daniel J. Mangan III JuryTrialJustice

Re: Embezzlement

Actually, lets make it unanimous and you must, repeat must have cousel ASAP.

Your claim of "right" to secure repayment for a debt owed may or may not sway the DA and or a jury, but only counsel can efectively put forth these defenses.

Best

DJM

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Answered on 12/26/06, 12:29 pm
Terry A. Nelson Nelson & Lawless

Re: Embezzlement

He already 'pressed charges', that is why you were arrested. Your chances? Slim to none if you continue admitting the facts publicly. You need to hire an experienced attorney, do so immediately, and don't talk to police or anyone about the case.

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Answered on 12/26/06, 1:19 pm


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