Legal Question in Criminal Law in California

What evidence is needed to have an employee charged with felony theft? There is no video evidence of the employee stealing anything. The video surveillance just shows the employee going in and out of a room that supposedly has money missing from it. The employee had reason to go into that room to get specific supplies. Just because the employer saw on tape that the employee was in that room, he is accusing that individual. Where does this leave the situation legally and with police? This is a California business.


Asked on 5/08/11, 2:33 am

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

It isn't up to the employer whether criminal charges will be filed. Only the District Attorney can file a criminal case.

Many criminal cases are filed based on circumstantial evidence, without video of the actual crime. For instance, the employer might say he put the money in the room and it was missing when he returned, and the video showed nobody but the employee entered in the meantime. A pattern of losses that happened only when that particular employee was working could also be circumstantial evidence that employee was stealing.

Any statements the employee makes would also affect the case. If he gives explanations that prove to be false, the DA could use those statements to show consciousness of guilt. That's why the employee should not talk to anyone about these allegations, especially the police.

Whether that evidence is enough to prove guilt beyond a reasonable doubt is a different story. It would take a complete review of all of the evidence to give an informed opinion.

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Answered on 5/08/11, 8:40 am


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