Legal Question in Criminal Law in California

You obviously have a serious problem. Unless you cut a deal with the employer to pay an agreed amount of money, they will likely file felony criminal charges that carry prison time. You can always dispute the amount, but that doesn't change the penalties and punishments you face. However, they are not allowed or supposed to be threatening criminal charges as a form of 'extortion' to get you to pay, that is technically illegal and could subject them to potential criminal charges brought by you. However, that is not a good game plan for you, because they would still get to file against you, and the DA is not going to be too anxious to file against them, once the DA knows you confessed to the theft. You need to hire a criminal defense attorney, and he needs to try to negotiate with them a deal you both can live with, if possible. Lack of money to pay is going to be your problem. If serious about doing so, feel free to contact me. .

You need an attorney, immediately. You can not handle this on your own. There have already been mistakes made that need to be immediately addressed. Next, do not talk to anyone, especially the Police or any law enforcement officer, or any investigators from the District Attorney's office, without your attorney being present. It does not matter what you said to your former employer, even if they recorded it. You can address that later in the process and besides it may very well not be admissible evidence. You will need to tell the attorney you hire about it, but no one else, at this time. In fact you need to stop talking to anyone about this matter except an attorney you 're considering or have hired. What you do need to do, is start getting funds together for hiring an attorney. Start inquiring as to getting financial assistance from friends and/or family. (do not tell them the facts, just tell them it looks as though you are going to be charged with a crime). A private attorney can help you with things right now that will assist you later, regarding the alleged funds and any criminal issues if charges are filed against you. Since you're not working you may later qualify for a public defender, if charges are filed against you. However, that is something to think about later. Currently, you need an attorney to start protecting your rights against what your former employer is attempting to do.

Something you need to realize is that the District Attorney's office can file charges against you without any assistance from your former employer. The charges can be filed wether or not you pay your former employer any of the alleged funds or not. In fact, your former employer has nothing to do with the decision as to if the DA files charges against you. The only thing your former employer can do is to inform Law Enforcement about the situation and then an investigation will start. So the DA is not beating down their door unless they called the DA or the police and reported a crime. No matter what your former employer might tell you to the contrary. Your former employer may have cause to file a civil case against you later on, but that is something to worry about later down the road. From the facts, as you have provided them, your former employer may be acting illegally. If you can not find an attorney you may call my office and I maybe able to explain it more completely. However I suggest you act quickly and get an attorney.

Good luck.

Brian McGinity

This communication has not created an attorney client relationship between the parties and there is no attorney client privilege between the parties. The information provided is based upon general principles of law and should not be relied upon as legal advise. In this type of public forum it is impossible to give any accurate legal information.