Legal Question in Criminal Law in California

Larceny, embezzlement?

I work in a clothing store and recently when I was cashiering, out of six items, I only rung up three, so the person received three free shirts costing a total of about $60. Anyway, I am 20 years old and have never done anything like this before. I'm terrified because there are cameras everywhere in the store. I just gave my two weeks notice. If LP (loss prevention) questions me, do I tell the whole truth or lie? They no actual proof that it was intentional right? After I quit, and they find out what I did, can they call me in and question me?


Asked on 7/10/07, 5:25 pm

2 Answers from Attorneys
David Kaloyanides David J.P. Kaloyanides, A Professional Law Corporation

Re: Larceny, embezzlement?

First, never lie. You have an absolute right to remain SILENT. There is no protection for lying. You do not have to answer anyone's questions. But lying will make things worse.

Loss prevention and law enforcement can seek to question you even if you quit your job. But again, YOU DO NOT HAVE TO ANSWER ANY QUESTIONS. Do not listen to promises of leniency, promises of no charges. Law enforcement cannot make such promises. They often do because they know people believe them. Only the prosecutor can make binding promises regarding criminal charges. Police have no such authority.

Advice: SAY NOTHING. ANSWER NO QUESTIONS. If someone wants to question you, hire a good criminal defense lawyer. Then when anyone wants to question you, tell them to talk to your lawyer.

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Answered on 7/10/07, 5:36 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Larceny, embezzlement?

It's not clear from your question whether you intended to not ring up the merchandise. If you did - and assuming anybody noticed- attorney Kalyonides gave you some good advice on keeping your mouth shut. If you didn't, and you just made a mistake, then you're not legally liable for it. Go and sin no more.

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Answered on 7/10/07, 5:51 pm


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