Legal Question in Criminal Law in California

enbezzalment

ok i work for a guy who give me the title of president of operation.

he pre sign all the checks and told me to pay the workers. he verbally agreed to let me write checks to myself to pay the guys if there were no checks left (mind you that he sign off on all the checks) 2481.00 is missing but i have proff that i paid everyone was paid and he says that i didnt by everyone so he is taking me to small claims court do face any jail time if i do not win my case. my amount comes out to 2275.00 can i be put in jail for this matter... he took me off the master computer to fix this problem i was block off for a week and added back on at a later date.


Asked on 5/30/08, 4:53 am

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: enbezzalment

You will not go to jail by being taken to small claims court. Small claims is a civil court where in the worst case scenario there will be a civil judgment against you for the amount involved. Also, in small claims, the plaintiff (your boss) cannot recover any punitive damages which is good for you.

Also, keep in mind that the proof is on him. I do not believe he can prevail by simply telling the judge that the money is missing and therefore it must be you who took it. He would need more evidence to convince the judge to rule against you.

Lastly, no lawyers are allowed in small claims. You will have the opportunity to tell your side of things without having to hire an attorney.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 5/30/08, 2:09 pm


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