QUESTION

Is it correct for them to charge my mother for a crime she did not commit although it is her responsibility?

Asked on Aug 22nd, 2013 on Criminal Law - Texas
More details to this question:
My mother is being accused of taking 4 thousand dollars in cash from her work. She had been given 5 thousand dollars to deposit and put the money in a desk drawer until the person who was making the deposit came to pick it up. No one ever picked up the money, so it was left in the drawer. Next day 4 thousand dollars are missing and my mother was questioned over the matter. They wanted my mom to sign a promissory note stating that she would pay back the money that was lost, my mother did not agree to those terms and left the job and did not go back. They never accused her or pressed charges, about a month later the police came to the house and took her in for questioning a couple of hours later we received a phone call that she had been arrested. How can they charge her with something that they do not have proof of, it could have been taken by anyone in that office. I understand that the cash was her responsibility, but is it her fault it was stolen?
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6 ANSWERS

Accident Attorney serving Lagrangeville, NY at Marco Caviglia, Esq.
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You fail to mention what she may have told the police. When the police took her down for questioning, they most likely were going to arrest her no matter what she said, and this technique is to interrogate a suspect before arrest because upon arrest they have to warn the suspect of her right to silence and an attorney, and some people say give me my attorney before they speak.. This is why it is always advisable to never appear at a police station without your attorney and not answer questions when you are a suspect unless you have your attorney present.
Answered on Aug 26th, 2013 at 11:02 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your mother needs an attorney. Responsibility for the money alone is not enough to charge someone criminally for the money being missing. Something else must be going on.
Answered on Aug 26th, 2013 at 10:13 AM

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Michael J. Breczinski
They think that she stole the money or they would not have charged her.
Answered on Aug 26th, 2013 at 9:46 AM

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John J. Carney
You do not know the facts. Retain a good lawyer to handle the case and do not assume anything about her case.
Answered on Aug 26th, 2013 at 9:36 AM

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Theft is a crime of moral turpitude, and if convicted she can kiss the rest of her career aspirations goodbye. She needs to hire a lawyer before you get duped into a plea you will regret for life. She already made a mistake by talking to cops. Ever heard of the right to remain silent?
Answered on Aug 23rd, 2013 at 12:14 PM

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Drug Charges Attorney serving Houston, TX at Cynthia Henley
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Based on how you tell it, they will not be able to prove the case beyond a reasonable doubt but my guess is there is more to the story than you know. Your mother needs a lawyer.
Answered on Aug 23rd, 2013 at 10:48 AM

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