Legal Question in Criminal Law in California

investigator from my ex-employer contacted me

i use to work for a retail store and after i quit i returned for cash all of the items which i had acquired during my employment for cash refund separately over a 1 year period. Each return was from $100-500. Now i get a letter from the investigator saying there are many questionable refunds and would like me to come in and try to resolve it.

Should i just go in and talk to him without a lawyer or should i wait until he files charges. Most likely he's going to want an admission of guilt in exchange for total compensation. Is this wise to do so.


Asked on 11/14/04, 12:47 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: investigator from my ex-employer contacted me

You don't say how you "acquired" these things, but the implication is that you stole them. If that is true, then trying to return them for cash was extraordinarily unwise. On the other hand, if you paid for them then I don't see why trying to get refunds would be a crime, unless perhaps you are trying to get more money back than you actually spent.

If the store wants you prosecuted and you give them "an admission of guilt", then you will have a major problem. As they say on all the police shows, anything you say can and will be used against you in a court of law. Ask yourself this: if the store is willing to let the matter drop, why would they want a confession? The only use for such a statement would be as evidence in a prosecution.

On the other hand, going in and not responding to their questions will also be very risky. If you are silent in response to an accusation which an innocent person would normally deny, then your silence can be used against you as well. (It doesn't work this way when a suspect is being questioned while in police custody, but presumably the police will not be involved in your meeting.)

Since you haven't provided enough details about what heppened there is no way I can offer you any further guidance, except that you need to sit down with an attorney ASAP to discuss your situation and to see what your options are.

Read more
Answered on 11/16/04, 5:19 pm
Terry A. Nelson Nelson & Lawless

Re: investigator from my ex-employer contacted me

If you like the inside of a jail cell, sure, cooperate with him. Otherwise, follow the advice freely given on every cop show, 'don't talk without your lawyer present'. Contact me if interested in having counsel to minimize the chance of charges or conviction.

Read more
Answered on 11/16/04, 6:24 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: investigator from my ex-employer contacted me

Thank you for your posting, and the opportunity to serve you further.

I truly believe that you can ask 100 attorneys the question you posted, which in part was "is it wise to provide an admission of guilt", and not one would tell you it's a good idea.

If charges are filed, they have to be supported with evidence against you. There's no use in you providing further evidence to make the case stronger.

If you have other questions, or think you may wish legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can.

Read more
Answered on 11/16/04, 9:24 pm


Related Questions & Answers

More Criminal Law questions and answers in California