I recently quit my job about 2months ago. The reason I ask do I need an attorney because recently a detective called me and told me my former employer was trying to press charges against me for doing fake returns on more then one occasion on my register, basically, meaning returning money on to my debit card (under $500). The detective told me only “evidence” they have is me on video tape & receipts of this however there not sure what the video is of “that’s what there claiming” he also told me that they can get my bank accounts if there is some truth to this, so why would this person notify me of what they’re doing & asking me to come in to make a statement which is optional? If they had enough evidence to convict me wouldn’t they have done that by now? The detective also told me that I could come in and make a statement regarding these accusations rather there true or not. It’s up to me if I want too. What they’re saying has some truth to it but not the whole truth. I am wondering can the police get my bank statements without my consent. Wouldn’t they have to have probable cause? Or get a subpoena to do that? & if they do get my bank statements can it really prove anything? I do purchases and returns all the time with the same debit card so how would they know which ones are false? Should I go in and make a statement? Can this help me or hurt me? & if I don’t want to make a statement how do I let them know I don’t want to make any comment towards these accusations? Should I wait and see if they have enough evidence against me to even have a case they will take place in court? They detective warned me that there could possibly be a warrant out for my arrest? Is that possible? Will I receive anything in the mail? And if there is a warrant out for me will I be notified to give myself a chance to go in myself? & Please Help! Should I consult with a criminal defense attorney?
Yes you do. This is your second question on Avvo on the same facts. You can call us for a free consultation. If you don't call follow this bit of friendly advice: stop talking to the Detective.
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YES, you need an attorney. You have asked so many questions on here that this forum is not the place to properly answer them as it all needs to be taken into context with the whole picture. Sit down with an attorney to discuss all your questions. For now, exercise your right to remain silent and tell any detective that you do not want to speak with them until you've talked to an attorney.
Yes, you need to consult with an experienced criminal defense attorney as soon as possible. Do not give a statement to police until after you have consulted with an attorney and follow that attorney's advice. Regarding the warrant, an attorney can check to see if there is a warrant and if so, advise you on the best course of action. In these types of cases, the evidence is primarily the employer's records (receipts, computer system printouts, etc.). In cases that involve computer generated records it is often necessary to hire an expert to challenge the credibility of the employer's records.
It is best to attack this case from the beginning and again, consult with an attorney before deciding whether to give a statement. I have seen cases like this where there is little evidence, but the most compelling evidence against the defendant is the defendant's own statement given before he or she obtained an attorney. I agree with the other attorney who said that you need to sit down with an attorney to discuss the facts of your case and go over everything. Also, this is a public website so be careful not to post details that should be left for a private consultation with your attorney. Good luck finding someone.
The information provided herein is provided as general legal information and does not constitute legal advice. The information is based on the facts given and should not be relied upon by the reader. An attorney-client relationship is not established by this transmitting this information. The best way to receive accurate advice and establish an attorney-client relationship is by retaining a licensed attorney.
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