Legal Question in Employment Law in California
I had walked ou of my job a year ago (may/2010) after my employer made an allegations towards me of financial abuse towards my client. One year later (05/16/2011), a detective asked if I could come down to the police station and he asked me questions regarding this incident. After brief interview, the detective told me that he will close the case and will not file charges against me. After putting the puzzle together, I concluded that my ex employer had filed a report against me! Can this be consider as deffamation of character? if so, can I sue my ex-employer?
3 Answers from Attorneys
Sorry, no. Unless a person files a completely false police report, which is a crime, everyone is entitled to report what they consider suspicious activities to the police and let the police sort out whether a crime has been committed or not.
No, you can't sue. And, if you do get arrested, or if the police try to talk to you again, hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. Follow, better late than never, the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
Adding to what Mr. Nelson said ("... unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. ... "), even if you are a talented litigator, it is best to keep your mouth shut. What you say, quoting the "Miranda warning", "can and will be used against you". On the other hand, what your attorney says is not regarded as an "admission". Therefore it is best to communicate to the police and other investigators through the mouth of your attorney.
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