Legal Question in Criminal Law in California
Embezzlement, Grand Theft, Grand Larceny
My husband was a municipal City employee and was recently fired from his job in LA County for misappropriating $7,500 worth of computer equipment he needed for his job. He did not notify his supervisor of the purchase and did not go through approved company procedures to acquire the equipment. The vendor he worked with falsified the invoice to make the purchase appear to be something it wasn't. His employer claims the purchase was for personal use. When he was interviewed by DOJ investigators during an interview, he stupidly did not realize he needed an attorney before speaking to anyone and he admitted what happened. During a follow-up investigation by local police he made the same admission. Appears to me he's hung himself. He's been advised that felony criminal charges will be filed by the end of the year. My questions are: 1) When charges are filed will he be arrested at home? work? turn himself in through his attorney? 2) What specific charges can be filed? Grand theft for misappropriation of public funds, embezzlement, grand larceny, all of the above? 3) What prison time will he receive if he's convicted of all charges? He has a clean record and no priors. Too bad there's no sentence for stupidity!
2 Answers from Attorneys
Re: Embezzlement, Grand Theft, Grand Larceny
Thank you for your inquiry. To answer your questions specifically: (1) When charges are filed, your husband could be arrested at home,although that would be unlikely. Your husband will likely receive notice of a court date via letter from the prosecutor, or at worst, receive a call from the local police authority asking for him to surrender, at which time he can bring a bail bondsman and an attorney with him.
(2) It's not clear (because you mentioned the DOJ) if this is a federal or state case, but on the state side, felony embezzlement or grand theft charges could conceivably be filed, or other charges, as the facts allow. (3) No attorney can promise what a particular judge will sentence to, or what the DA would offer (and it would be irresponsible to do so without a full review of all facts and all defenses in the case), but as every law has a minimum and a maximum. As an example, grand theft by employee, California Penal Code �487(b)(3), has a minimum of 16 months, and a maximum of 3 years, in state prison.
I hope this helps in some way, but if you have any further questions, or feel that you need legal representation, please feel to email me directly at [email protected].
Re: Embezzlement, Grand Theft, Grand Larceny
It is not too late to bring in counsel to help. It may be possible to 'resolve' the situation without criminal charges. It may be possible to negotiate a deal now that doesn't involve jail time or felony record. It depends on the facts and how good your attorney is at negotiating with the prosecutors. Contact me if interested in doing so.
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