Legal Question in Criminal Law in California
My friend is suing her former employor for wrongful termination and retaliation. My friend has a past and once it was discovered by her employer they are now accusing her of identify theft which she did not due. However she did do the billing and brought sensitive info home and it was stolen by some roommates. The detectives interviewed my friend and told them who they were but they couldn't find them and now are accusing my friend. we have proof they did it and now there is a warrant. her attorney for wrongful termination isn't defending him in the criminal matter. how do we get the truth to the right people so my friend doesn't go to prison?
2 Answers from Attorneys
You haven't told us much about the charges against your friend or what happened. The best thing she can do is get a lawyer and let him take care of her. Forgive me for saying this, but you probably don't know how to do what her lawyer will need to do. On top of that, your efforts will not be privileged the way a lawyer's would. That means the prosecution will be able to find out about your work and your communications with your friend. So will her former employer and its lawyers. I realize you mean well, but the best thing you can do is probably to stay out of the way.
She tries to avoid going to prison by defending the criminal charges as best she can. If she has 'proof' someone else did the crime, then she raises that in her defense. The police apparently disagree with her claims.
If her civil attorney is not experienced in criminal defense, he is right to not take the case. Plus, the conduct that led to the criminal charges likely wipes out any case she may have thought she had, if for no other reason than she already confessed to breach of company security and policy violations. That is clearly 'cause' for termination. Discuss the wisdom of pursuing that case with that attorney.
When arrested or charged with any crime, the proper questions are, can any evidence obtained by authorities be used against you, can you be convicted, and what can you do? A little free advice if not too late: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except an attorney. In court raise all appropriate defenses with whatever witnesses, evidence and sympathies are available. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
If serious about hiring counsel to represent you in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight the criminal charges and get the best outcome possible, using whatever defenses there may be.
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