Legal Question in Criminal Law in Michigan

Re: Emblezzement

if charged, you are facing a serious felony. You should not speak to them or the cops until hiring a competent lawyer familiar with these types of cases. I am currently handling two of these, and have resolved many over my 12 years in practice. Contact me to discuss your options at www.kliszlaw.com. Tim Klisz

Re: Emblezzement

I'd talk to them in an attempt to make immediate restitution (i.e., if you did it) without signing any statements and without the police present.

It would help to have the complete amount ready to return. I would not argue if there is a minor discrepancy between what you took and what they say you took.

If you can reach a compromise, do it quickly.

Re: Emblezzement

The employer does not decide whether charges are filed and cannot tie the hands of the government in that decision. In fact, even the police cannot decide whether charges are filed. It's the prosecuting attorney who decides whether charges are issued, or not.

If police are not present at the meeting, you must keep in mind that your former employer (or others present) can be subpoenaed in a criminal trial to testify to what you told them. So, the old line about "anything you say can and will be used against you in a court of law" applies pretty much across-the-board from here on out.

If you take the previous answer's advice and pay the restitution back immediately, it can have a positive impact on the prosecutor's decision whether to charge you, or what to charge you with. There is no guarantee that you won't be charged, however. And, your payment of restitution (or even an offer to pay restitution) is NOT admissible against you in a criminal trial pursuant to the rules of evidence (based on good public policy that we want to encourage people to make offers of settlement, or repay debts, without fearing that this act will be used against them).