Legal Question in Criminal Law in California

Misdemeanor Embezzlement

Long story short, I was called in and confronted by LP at work for taking money from the till over a period of several months. I ended up confessing to the sum of $700 and agreed to pay it back to the company. I was cited by the police for misdemeanor embezzlement and then let go.

1) My appearance date is ''on or before Oct xx'' Will I be arraigned/ charged at that time, and will it be necessary for me to have a lawyer present? or will they set the actual court date for a later time?

2) If I pay back the amount before appearing in court, will this lessen the chances of me being prosecuted or arraigned?

I just want to get an idea of what's in store for me. Thanks.


Asked on 7/10/09, 1:25 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Misdemeanor Embezzlement

Yes, you will need to hire a lawyer well in advance of your first court date if you ever hope to work again. And stop confessing. Say nothing.

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Answered on 7/10/09, 1:30 pm
David M. Wallin Law Offices OF David M. Wallin

Re: Misdemeanor Embezzlement

The charge you mention is a crime of moral turpitude. If you are convicted of a charge like this, jobs in the future, will be much harder to come by. Because you can only get the best result 1 time, I advise you to get a highly qualified attorney to represent you and attempt to get the BEST result. How ever your case resolves will be on your record the rest of your life. As a former Deputy District Attorney and Certified Criminal Law Specialist, my office has handled 100's of your type of case. You should a lawyer quickly as, in some circumstances, your attorney might be able to lessen the charges before a filing, assuming your case has not been filed so far. Paying back the money taken is always good and will assist in the final result on your case, however the repayment of funds will most likely not result in the non-prosecution of your case. Contact me if you would like to talk further. David Wallin

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Answered on 7/10/09, 2:19 pm
Terry A. Nelson Nelson & Lawless

Re: Misdemeanor Embezzlement

If you didn't get a specific date, then the DA or court will send a letter with a date for your arraignment. Paying them might help a 'little', but does not mean the case will be dismissed. You should have consulted a lawyer before speaking / 'confessing'. Do so now before making any other decisions or taking any other actions, including payment. I'll be happy to help you in defending and dealing with the charges. Yes, even with your 'confession' we may be able to keep you out of jail and get a 'deal' you can live with. Feel free to contact me if serious about doing so.

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Answered on 7/10/09, 6:26 pm


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