QUESTION
What can we do if my husband was accused of stealing while on the job?
Asked on Oct 18th, 2011 on Criminal Law - Texas
More details to this question:
My husband is a satellite technician. He and a coworker recently installed a satellite for a lady and she has accused one of them of stealing a bracelet. We have had a nightmare from this. We've let the state police search our home and he was taken to the station to give a statement and questioned. This bracelet supposedly is worth around $200 and belonged to the lady's great grandmother. My husband DID NOT do this, we are very embarrassed by this. He never got arrested or anything and we cooperated with them searching without a warrant. I don't know if we need legal representation at this point or not. I'm also wondering if she has misplaced it or something of that nature, it is not the reputation of my husband's coworker to do anything like this either (they are putting him through the same torture as I call it) I almost want to file a defamation of character suit against her at the same time but not sure if I have any grounds. Please advise me on this.
18 ANSWERS
Jacob P. Sartz
In Michigan, the maximum penalties for a retail fraud, third, usually charged in alleged theft cases for merchandise with a value under $200.00, is 93 days in jail, probation up to two years,a fine of not more than $500.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine. MCL 750.356d. Please note, however, that these are the maximum possible penalties. If the property is worth more, a person will be charged with a more severe offense punishable by even more jail time time, costs, restitution, or other sanctions. Judges in Michigan misdemeanor cases have a wide latitude with their sentences up to the maximum pursuant to the applicable statute. Policies and practices vary widely depending on the judge and county. An arraigning judge usually advises a defendant of their maximum possible penalties pursuant to the law.
Answered on Nov 11th, 2011 at 1:55 PM
Drug Charges Attorney serving Houston, TX
at
Cynthia Henley
Update Your Profile
If she didn't see someone actually take the bracelet, then the police are checking on everyone who was in the house and could have. That isnot a defamation but proper police investigation (although unbelieveable given the value of the bracelet.) Sounds like it is done and over because they have no evidence your husband did it despite their best efforts. (The reality is that it is good he cooperated so because now they can never claim he hid it in your house or whatever.) She probably did misplace the bracelet but do not get any further involved by talking to the police unsolicited. Just let it be over and move on.
Answered on Oct 24th, 2011 at 1:31 PM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
You would need an attorney if your husband is charged with a crime. You should talk with a civil lawyer about a defamation suit, keeping in mind it's hard to recover for as you have to prove they were broadcasting the false statement about your husband and that it has somehow damaged his reputation or business in the community.
Answered on Oct 20th, 2011 at 1:34 PM
I am sure this is indeed a nightmare for you. I have no bright suggestions except to continue to cooperate if you are innocent and it is very likely that the matter will play itself out without you needing to hire an attorney, because the police or DA will not press any charges despite what the comlainant says. If and when charges are brought by the police against your husband, then you will need representation. If he is arrested he should politely decline to discuss the case without and attorney present after Miranda rights are read to him. I know he will be tempted to continue to cooperate, but resist that impulse. As far as suing her, you technically can, but I think it would be a monumental waste of time and money to do so. Just let this play out and put it behind you. If charges are actually brought, we can revisit that issue. That advice is more human than legal but I think it is the right way to go in this case.
Answered on Oct 20th, 2011 at 1:25 PM
You may wish to seek the assistance of an attorney to review both the allegations against your husband and what rights you may have. In speaking with the police your husband must remember that anything he says can and will be used against him. They are not necessarily his friends.
Answered on Oct 19th, 2011 at 1:21 PM
Assault Attorney serving Richardson, TX
2 Awards
The defamation case is difficult. The best advice is to see a lawyer to avoid possible future problems and much more expense.
Answered on Oct 19th, 2011 at 12:47 PM
Criminal Law Attorney serving Oakland, CA
at
Dennis Roberts A Professional Corporation
Update Your Profile
Sounds like you have a lawsuit against her (your husband and the partner should get one lawyer between them) but you need a CIVIL, not acriminal, lawyer to do this.
Answered on Oct 19th, 2011 at 12:36 PM
Michael J. Breczinski
The police, when they do this are not your friends you should insist an warrants and refuse to give any statement without an attorney present. They ask questions to try to convict someone. You have the RIGHT to remain silent etc.
Answered on Oct 19th, 2011 at 12:15 PM
Keeley D. Heath
It sounds unlikely from your facts that a civil claim will be viable here. However, the best thing that you can do at this point is to stop communicating with the police. There is no obligation on your husband's part to answer any of their questions, and they are only looking for a way to try to arrest him. They will use what you assume to be innocent answers against you. Stop consenting to searches and to questioning. Hire an attorney to represent your husband pre-charge so that the police will stop harassing you. Cooperating is only dragging this matter out further and giving the police more to work with.
Answered on Oct 18th, 2011 at 11:12 PM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
It sounds like she just misplaced it. If he gets charged then he will definitely need a lawyer. He's already cooperated enough. I'd suggest that he clam up now.
Answered on Oct 18th, 2011 at 11:10 PM
Any time a person is accused of a crime that person needs to hire an attorney or at least consulate with one. The way the police conduct interviews (interrogations) is set up to get a person to make an incriminating statement. During this interview that police are allowed to lie and use any other method to make a person crack. This can be put to a stop by asking for an attorney before any questioning is conducted. And do not believe it when they say that only a guilty person would want an attorney and not want to talk with them. There is a civil case for defamation only if the person accusing knew or should have known that the accusation is false. To recover any thing on this case you would have to show that you were damaged by the false statement. If you are looking for monetary compensation first look to see if the person has assets that can be turned into money for your damages. Consult a civil attorney on this.
Answered on Oct 18th, 2011 at 10:48 PM
Criminal Law Attorney serving Howell, MI
at
Law Offices of Jules N. Fiani
Update Your Profile
You should hire a lawyer to help you address this.
Answered on Oct 18th, 2011 at 10:03 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
You need to retain an attorney to help you. Even if your husband is innocent (which presumably he is), he should have an attorney for the simple fact that he needs to have his interest protected .
Answered on Oct 18th, 2011 at 7:34 PM
Criminal Defense Attorney serving Roseville, CA
at
Chastaine | Jones
Update Your Profile
Sorry to hear about you situation. If you husband is not charged you don't really need an attorney at this point.
Answered on Oct 18th, 2011 at 6:16 PM
Appellate Attorney serving University Place, WA
at
Baner and Baner Law Firm
Update Your Profile
Generally speaking no one ever has a "defamation of character"/libel/slander lawsuit that is worth bringing. Thousands of people talk about it, and it almost is never legally warranted or practically worth it. One could always use a consultation with attorneys before discussing anything with police, but that might be based on the fact that criminal defense attorneys probably tend to be distrustful of police questioning anyone. At this point it sounds as though no charges are pending and that the search has already occurred. Before you go speaking to the police further you might want to look into an attorney especially if you can afford one (better safe than sorry). But it sounds like your probably in the clear at this point - police won't spend too much time on a $200 bracelet.
Answered on Oct 18th, 2011 at 5:52 PM
Samuel H. Harrison
First, deal with the criminal accusation. Hire an attorney; first to defend any criminal case that may come out of this. You will need to get the criminal case dealt with first. After that has been dealt with you can consider the possibility of bringing the civil suit.
Answered on Oct 18th, 2011 at 5:50 PM
You should never have gone to the station to be questioned or give a statement. Now that you did, all you can do is wait and see if your husband gets charged. If he does, then you will need to hire a lawyer. In the meantime, don't say anything further, it's all incriminating. Nothing good ever come out of talking to cops.
Answered on Oct 18th, 2011 at 5:39 PM
3 Awards
File any civil suits after the criminal case is done. Hire a skilled theft trial attorney in your area and fight this vigorously. Then go after her civilly.
Answered on Oct 18th, 2011 at 5:39 PM