NOT ARRESTED, BUT NOW RECEIVED LETTER BEING CHARGED WITH EMBEZZLEMENT OF EMPLOYEE.
San Bernardino, CA |
NOT ARRESTED , BUT NOW RECEIVED LETTER SAYING I AM BEING CHARGED WITH EMBEZZLEMENT OF EMPLOYEE , NEVER GOT IN TROUBLE IN MY LIFE . WHATS GOING TO HAPPEN ?the cash register did not work properly . void tickets always occured on every single shift.
Embezzlement has three elements the prosecution has to prove:
1. A relationship of trust with the victim
2. Entrusted with victim's property as part of this relationship
3. Fraudulently taking that property as your own with intent to permanently deprive the victim.
This will be a serious charge regardless of the amount. Crimes of dishonesty can make finding employment very difficult, regardless of the amount. With that said, if the value of the property is over $950, it will be deemed grand theft. If it's over $65,000, there is an additional 1 year in prison enhancement. Your lack of record will be a big positive, but it's impossible to give you an expectation of an outcome without more information.
You need a passionate, intelligent lawyer you can trust to get you through this charge. Feel free to call me anytime for a free consultation.
Nicholas M. Loncar, Esq.
What happens really depends on a lot of things, most of which a lawyer can help you find out. It is important that you obtain representation as soon as possible. A lawyer can communicate with the prosecutor and determine the nature and extent of your exposure. You should find a lawyer you has experience in white collar crime.
This happens more often than people think. There can be in investigation and the DA can charge you with a crime even if you are not arrested. At this point you need an attorney. Depending upon the amount that was allegedly stolen you could be charged with a felony. Hire an attorney.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
It is hard to say what will happen without more information. You can look your case up on the San Bernardino County Superior Court website and see if you are being charged with a misdemeanor or felony. If it is only a misdemeanor, they will probably ask you to pay the money back and go on probation. If you are charged with a felony, it is harder to say. If they amount is under $10,000 or so, you are probably looking at some minimal jail time (that can be served on electronic monitor instead of actually being locked up), paying back the money, and probation. If the claimed embezzlement is high five figures or six figures, the prosecutor is more likely to ask for substantial jail time. Of course this all depends on the quality of the evidence and circumstances of the case.
I don't know how much this letter tells you, but you can get more information about your case by going to the San Bernardino Superior Court website and looking up your case. You can read a copy of the criminal complain online that will tell you if the charge is a felony or misdemeanor and how much the prosecution is alleging was stolen.