QUESTION
Can I get arrested for this false theft accusation?
Asked on Aug 25th, 2012 on Criminal Law - Michigan
More details to this question:
My boss is accusing me of stealing $100.00 from my till. I counted my till five times it came out the same, so I took the money and put it in the back where we put our nightly deposits. He suspended me yesterday. I heard today he call the police on me and filed a theft charge. I told my boss to review the tapes he said no that he could not see if I took it. I know I will be fired. My boss has been making it hard for me. What do I do? Can he hold my check?
13 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on May 22nd, 2013 at 9:51 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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If the boss makes the accusation to police, yes, you can be arrested. He can fire you without cause so he certainly can fire you if he thinks you stole from him, even without proof. He cannot hold your check under Labor laws.
Answered on Sep 05th, 2012 at 8:34 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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He cannot take your check, but he can fire you and the police could charge you with theft. You need a lawyer.
Answered on Sep 05th, 2012 at 8:29 PM
1 Award
He can report his suspicions to the police, and they may or may not move forward with the charges. At some point, your boss will need to produce evidence to prove you stole $100.00 in order for you to be convicted at trial. As for holding your check, ask an employment law lawyer. There are specific rules governing employee pay checks.
Answered on Aug 31st, 2012 at 3:03 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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If the police do an investigation, you could be arrested. Maintain your innocence and subpoena the tapes in discovery.
Answered on Aug 30th, 2012 at 8:48 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I don't think he can legally withhold your check. If you get charged then you will Have to defend yourself.
Answered on Aug 30th, 2012 at 8:16 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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CAN they charge you? Of course. If they think they can convict you. Yes, you will be fired. Yes, you are supposed to be paid your wages, with them suing you for the loss, or seeking restitution in criminal court. When questioned, threatened, arrested or charged with any crime, the proper questions are, can any evidence obtained be used against you, can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. While this isn't a 'capital case', you certainly face potential jail, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Aug 30th, 2012 at 1:41 AM
You have possible lawsuits for: defamation; malicious prosecution; wrongful termination as well as a state labor charge for keeping your check. SHOW BOSS A COPY OF THIS ANSWER.
Answered on Aug 29th, 2012 at 11:13 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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He can fire you but he does not have the right of setoff on theft allegations. If he refuses to pay you contact the department of labor.
Answered on Aug 29th, 2012 at 10:02 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You really need to retain the services of an attorney to help you with this.
Answered on Aug 29th, 2012 at 9:05 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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It's up to the police and the prosecutor dependent on the evidence presented. Get an attorney NOW!
Answered on Aug 29th, 2012 at 2:30 PM
Leonard A. Kaanta
You need an attorney, and don't talk to the police.
Answered on Aug 29th, 2012 at 1:59 PM
Michael J. Breczinski
He can claim that you stole the money and wants to do that so he does not have to pay unemployment if he just got rid of you. You need to get an attorney and do not talk to the police without a lawyer.
Answered on Aug 29th, 2012 at 12:36 PM