I have a friend that had a cop come to the house and ask her if she was going with a minor child to houses asking for donations under false pretenses. She admitted to the cop apologized and said she fell on hard times. The cop was happy she was forthcoming and said he needed to speak with the person who made the complaint and would get back to her. She has no theft convictions on her record. What do you think will be the outcome. Will she be arrested or asked to pay back the money which was $160 dollars.
To answer your first question, one should NEVER talk to the police without an attorney. It's just a bad idea all around.
Your friend made a big mistake in talking to the police to begin with. She voluntarily admitted that she broke the law, and if the prosecutor wants to charge her (forget what the person who filed the complaint wants; it's not his/her decision) then the admission can be used to convict her.
However, under the circumstances, my guess is that she will be given a summons to appear, will be allowed to please guilty, repay the money, and be placed on probation.
I'm licensed to practice law only in Indiana, so if you're in another state, I can't give you "legal" advice. My answer is simply "friendly" advice based on my experience as an attorney in Indiana, my knowledge of federal and common law, and common sense. Even if you are in Indiana, employment law questions are very fact specific, and based on the limited information you provided in your post, I can't give you legal advice, and my answer is intended as general information only. It doesn't create an attorney-client relationship.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline