Legal Question in Criminal Law in California

Re: Threats

It's hard for lawyers to do very much for people who admit guilt. If (as is probable) the police become involved your son should say nothing except "I want a lawyer" (have him repeat this back to you), and you should hire an attorney for him, because a theft conviction will haunt him all his days.

Re: Threats

I agree completely with Mr. Stone, but it seems to me that your son has already signed the statement. This was a very bad mistake on his part, and he can expect the police to knock on his door any time now. After all, the employer must intend to give his confession to the police; why else would they want it?

If the employer threatened to go to the police unless your son paid him then he might have committed extortion, though not necessarily. Either way, though, your son has confessed to a crime and can be prosecuted for it. I should add that the threshold for felony charges here in California is only $400, so things may be even worse than they seem. Prosecutors do have discretion to charge thefts as misdemeanors even when they exceed $400, so hopefully your son won't face felony charges.

I don't know why you think "only the police" can force a confession; police can do nothing of the sort. If they could then they always would and every criminal defendant would have confessed before trial. The district attorney's office (and NOT the police) has the authority to offer a plea bargain, but even then the defendant can say no and take his chances in court.

You seem to think that your son's problem is that he was the victim of misstreatment by his old boss, but you are badly mistaken. His real problem is that he has built a very strong felony case against himself and could be imprisoned for quite some time. He needs a lawyer, and he needs one now.

Re: Threats

Thank you for your posting.

If you want to "fight back" by rescinding the agreement, you should do that as soon as possible. It may never be possible to get your $975 back, as the company may state that was part of an agreement that your son consented to.

If, by "fight back", you mean that your son should defend criminal charges, you certainly should. There may be defenses to this and other evidence in the case, such as duress, that may be useful.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.