Legal Question in Criminal Law in California

I got fired from my company a month ago. There was a group of people helped each other steal from the company. I was not involved with them at all, but I was not totally innocent either. I have a relative a discount once, my sister discount once, and bought a watch that was marked clearance, but later found out it wasn't clearance, but i didn't return it or tell anyone. A cop came to my house to ask questions about the case. He asked if Ross send me a letter asking me to pay back any money, I said no; the cop told me at many of my other co-worker that was in trouble got letters from the store to pay back the money they took. The cop also told me that the company is pressing charge against us and we are all required to go to court. What should I expect at court? Would my charge be less serious because I'm not involve with the group of people mention above? How much trouble will I be in? Should i seek for a lawyer?


Asked on 6/03/10, 2:32 am

3 Answers from Attorneys
Joe Dane Law Office of Joe Dane

First - the police or the store can't "press charges" for anything. That decision is up to the Orange County DA's office exclusively. The store can report the loss, the police can investigate and submit their report to the DA who will then review the reports and decide who, if anyone, should be charged and what crimes to charge.

From what you wrote, they're investigating a conspiracy to commit theft case or they may look at each incident as either a separate theft or one composite theft. Depending on the individual amounts or the aggregate total, it could be petty theft (under $400) or grand theft (over $400). If there are a series of thefts that add up to over $400, it can also be grand theft.

Petty theft is a misdemeanor and carries up to 6 months in county jail. Grand theft is a felony and carries up to 3 years in state prison. That isn't what will be imposed if convicted, just the maximum.

Your best bet right now is to NOT make any statements to the police until consulting with an attorney about this. If they don't have a case against you, don't help them by making a statement that could implicate you in this situation.

Will you have to go to court? Only if charged with a criminal offense. Again - the police don't decide that. If the DA files charges, either a warrant will be issued for your arrest or they may send you a letter to appear in court. Meanwhile, don't discuss this with anyone or respond to any letters demanding money without consulting criminal defense lawyer.

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Answered on 6/03/10, 5:50 am
Anthony Roach Law Office of Anthony A. Roach

You should always at least speak to an attorney, before any criminal matter. I would not speak to the police without first speaking to a criminal defense attorney.

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Answered on 6/03/10, 9:33 am
Terry A. Nelson Nelson & Lawless

IF you are arrested and/or charged with a crime, hire an attorney immediately, and feel free to contact me if serious about doing so. In the meantime, exercise your 5th Amendment right to SHUT UP and do not talk to anyone except your attorney about your case. Being 'helpful and cooperative' with police or any investigators will get you convicted by your own admissions and confessions, if you haven't done so already.

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Answered on 6/03/10, 3:03 pm


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