Legal Question in Criminal Law in Pennsylvania

Embesselment
My wife received a call from a detective stating that he wanted to speak with her about a job as a bookkeeping assistant she had a year and a half ago. He said the employer was claiming she altered bank deposit slips and did not deposit all the money and also doctored the computer records. The dectective stated and amount of $3,400 was the what the employer states was embesseled. Should she speak to an attorney present or go speak with detective and then let the attorney know the outcome. The detective says she would not be arrested on the spot, he was just investigating. She states that she did not alter any records or deposits and their was no way for this to have been done as far as she is aware. I asked the detective on the phone why this is being brought up a hear and a half later and he said he received the case from another detective and he has been busy on bigger cases and is just getting to this case now. He stated the statute in PA is 5 years. Any suggestions would be appreciated?

Asked on 11/22/08, 12:33 pm

2 Answers from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

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Re: Embesselment

She should talk to an attorney as soon as possible, and not talk to the detective until she has done so. Feel free to call my direct line and we can set up a conference. 267.639.3105

Answered on 11/22/08, 12:43 pm

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Brian Zeiger Levin & Zeiger LLP

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Re: Embesselment

Not that i disagree with the previous answer, but just to give you a little more depth. First and foremost the cops are allowed to lie. That is law; like it or not. So them telling you they definitely will not arrest your wife on the spot is nonsense. if there is evidence against her and they intend to charge her, they are going to arrest her on the spot.

Next, she should not give a statement because anything she says will be used against her in the future. Not may, but definitely will be. If your wife does not have a clue as to the embezzlement, then she can go to the detective with her criminal defense attorney and cooperate with the cop to help them find the real doer. However, that would require a lawyer to be present.

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Answered on 11/22/08, 1:09 pm

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