Legal Question in Criminal Law in California
I was suspended from my work today. I was caught with using company cards for personal use. I was selling the items for personal gain. The company will get contact me in a week, but I am worried that they will prosecute me. What is the chance that the company will prosecute?
3 Answers from Attorneys
Only the government can prosecute you. The company can ask it to prosecute, but whether to do so is the government's decision. Without more information -- especially about the nature and value of the stolen items -- I can't say how likely it is that the company will want you prosecuted or that the government will bring charges.
Even if you aren't prosecuted, you may be sued civilly. I can't assess the odds of that happening either.
Either way, you should not discuss your situation with anyone other than lawyers you are consulting and/or thinking about hiring. I hope for your sake that you didn't confess your wrongdoing to your company.
Keep your mouth shut and sign nothing. It is likely the police will contact you. Be strong and say nothing at all, and get a lawyer. I represent defendants charged with crimes in the Westminster/Huntington Beach area, call if interested.
I'd say its a good likelihood you'll be prosecuted. Most companies will do so.
No amount of free 'tips and hints' from here or anywhere else are going to help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except your attorney about your case. When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or O.R., set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea-bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.
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