QUESTION
How can I prove my husband's bosses are cooking the books and setting him up for theft?
Asked on Apr 02nd, 2013 on Criminal Law - California
More details to this question:
My husband used to work for a company. Two months after he was fired, we find out the state is seeking a Warner for theft of $45,000. My husband never stole anything but the owners keep their own books. How can we show in court that we never had $45,000? We have never had money and live below the poverty line, our bank account is always at 0 and we rent a house that we cant even get a lone to buy. Common sense tells me it is obvious we have never has access to that amount of money but will this be enough to convince a judge that he' s being unjustly accused? If not what else can we do?
7 ANSWERS
The best thing you can do is get a good criminal defense attorney. This sounds like a complicated case with a lot of fact-specific questions that will be difficult to answer in an e-mail. Your husband shouldn't talk to police officers without a lawyer present. If anyone tries to talk to him, he should say 'I am concerned about my rights and I only want to talk to you with a lawyer present' and absolutely nothing else. No one can force him to talk or release information. Once your husband is charged, you will be able to be represented by the public defender, a government-appointed attorney. If your husband is innocent, then he should be in a good position to defeat the charges against him.
Answered on Apr 04th, 2013 at 2:22 PM
John J. Carney
If you are innocent the prosecutor will not have any proof to convict you. Your public defender will investigate the mater and advise you.
Answered on Apr 04th, 2013 at 2:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will have to defend yourself in court. The prosecution must prove its case and you must defend yourselves. You really need an attorney.
Answered on Apr 04th, 2013 at 2:21 PM
Michael J. Breczinski
You can have your attorneys demand a independent audit of the business. This would be financial experts looking at all the records to see if they are correct or fake.
Answered on Apr 04th, 2013 at 1:32 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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First of all, it is up to the Prosecuting Attorney to prove beyond a reasonable doubt that your husband committed the theft. It is your attorney's job to rebut, if possible, any evidence presented by the Prosecutor. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's situation. He/she would then be in a better position to analyze his case and advise you of his options.
Answered on Apr 04th, 2013 at 1:12 AM
If a proper investigation is done, no charges will be filed against your husband, but his bosses may be in big trouble.
Answered on Apr 04th, 2013 at 1:06 AM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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The facts are on your side. The state and DA know how to deal with that.
Answered on Apr 04th, 2013 at 12:55 AM