QUESTION
What should I do if I am being accused of stealing?
Asked on Jul 26th, 2011 on Criminal Law - California
More details to this question:
Started a business and needed additional funds so I found an investor who at the time stated he would be a silent investor then as things processed he then began changing logos without my approval, staff, and making purchases without my knowledge. He was not a us citizen until last week when he received his green card. Now he has come back and said I have been stealing money from the company. Which all the permits, lease, license and back account is in my name. My personal account went over drawn and the back took money out of the business account to cover I told him I would pay back but he wouldnt listen. Please help. He has made it perfectly clear to me he has money and I dont and he can afford a lawyer and I cant.
19 ANSWERS
Have you been charged with a crime?
Answered on Jul 25th, 2013 at 10:03 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You should report him and what he is doing to the authorities. You can also report him to immigration officials because a crime of this matter may effect his status here. If you are charged with a felony, you will be eligible for a public defender if you cannot afford a lawyer. You can always seek out a pro bono attorney as well.
Answered on Aug 31st, 2011 at 10:10 AM
Anthony Lowenstein
It depends on several factors.
Answered on Aug 04th, 2011 at 9:41 AM
Michael J. Breczinski
If he sues you then get a lawyer and fight.
Answered on Jul 29th, 2011 at 1:58 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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While your situation is a desperate one, it is one that may require an attorney. If you are charged criminally, then you may request a Court Appointed attorney. If sued civilly, then you will need to hire one. Not affording one will place you in a position of defending yourself, which is not typically recommended. In such a circumstance, I would request borrowing the needed funds rather than going it alone. I hope that this was helpful.
Answered on Jul 29th, 2011 at 1:04 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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With all due respects, if you do not have the money to retain a lawyer then our office cannot represent you. This is a business and just as in your business we cannot provide goods or services unless we are compensated for our time, and being in business yourself you understand that it is unrealistic to believe otherwise. Your query seems detailed and complex but unless you are willing to retain our office, i.e.; pay for a legal consultation there is nothing we can do for you.
Answered on Jul 27th, 2011 at 2:21 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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It sound like you may have need for a civil lawyer. If the business is breaking up or there is a dispute in the dissolution a civil attorney may be needed. In terms of committing a theft, it seems like you did not seek to deprive the company of property but rather were the victim of a bad economy or poor business model. If you are contacted by the police it is okay and the best advise to say no thank you I have nothing to say without my lawyer present. You can not be forced to answer police questions.
Answered on Jul 27th, 2011 at 2:20 PM
Roianne Houlton Conner
This is a civil dispute and not a criminal action.
Answered on Jul 27th, 2011 at 10:01 AM
You should seek the advise of an attorney both for the alleged stealing and for the business problems that you are having. It is hard to steal money from yourself. Depending on the form of the business, i.e. is it a corporation, there may be no crime. It does sound like he is about to run over you and take over. Legal assistance would be helpful.
Answered on Jul 27th, 2011 at 10:01 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Hire a lawyer.
Answered on Jul 27th, 2011 at 9:02 AM
Criminal Law Attorney serving San Jose, CA
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Maureen Furlong Baldwin
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Unfortunately your question is very complex. A quickie answer on the internet is not going to solve anything. BUT if you are "accused of stealing", the first issue is whether the matter is civil or criminal. If the matter was criminal, it would mean that you are accused of taking his money and diverting it to your own purposes other than the company.The police would ultimately get involved and want the company books, to question you, etc. Even though you say you cannot afford an attorney, you will need one if the police attempt to interview you or other employees, etc. If this is civil, then your question is whether you lose more by hiring an attorney to fight the case, or what your company is worth if you let it go. And BTW, having a green card is NOT the same as being a US citizen.
Answered on Jul 27th, 2011 at 8:55 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It doesn't sound like you stole anything. If he's just an investor, then he should let you run the business. It's unfortunate that the bank took business money to cover your personal overdrafts. You should really pay that back. But you didn't steal it! The bank took it.
Answered on Jul 27th, 2011 at 8:53 AM
Assault and Battery Attorney serving Tacoma, WA
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Michael Maltby, Attorney at Law
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Anyone can accuse somebody of stealing. There has to be an intent to deprive and I do not see that. From what I see this is a very loose business relationship. If there is a contract between you and your investe r that would delineate the duties owed by you to this invester. If no contract, your invester may have a hard time proving anything even in civil court. Wait and see what the invester does and then seek legal advice if he files suit or the police get involved. Don't make any statement to anyone before you speak to an attorney.
Answered on Jul 27th, 2011 at 8:52 AM
Well you're going to need to cough up some money, because without a lawyer you are toast. Hire one before you start incriminating yourself to his lawyer/investigator.
Answered on Jul 27th, 2011 at 8:37 AM
Only talk about the facts in a confidential setting (i.e, lawyer therapist). Acquire as much documentation as you can to justify your actions (proper and authorized business expenses or the like). J
Answered on Jul 26th, 2011 at 4:29 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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It sounds like a predicament. Just because he has a green card does not mean he is a citizen. It sounds like you need to meet with an attorney, at least, to strategize how you deal with this situation. I can help.
Answered on Jul 26th, 2011 at 3:30 PM
2 Awards
Talk to no one until you have talked to a lawyer. I am not sure that you are guilty of anything but I would not talk with him or anyone else about this matter until you have met with counsel and reviewed all relevant documents.
Answered on Jul 26th, 2011 at 3:21 PM
In order to be guilty of grand theft, you need to have taken money from another person with the intent to steal the money and not return it at the time you took the money. At very minimum you need to meet with an experienced criminal defense lawyer and go over your case in detail. You do not want to be arrested for this crime and a criminal defense lawyer can evaluate your case and tell you the likelihood of you being prosecuted.
Answered on Jul 26th, 2011 at 3:14 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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What can you do? Either hire an attorney, or effectively represent yourself in rebutting his claims. You must re-establish control over your company. If he was not properly authorized as an officer, director, employee or agent to do such things, then it is he that has been misusing the company and its funds, and you should be taking action to remedy that. If he was authorized as an officer, director, employee or agent, then youll have to sort out how to undo the problems youve allowed to develop. There is no magic wand to wave and make it all disappear, just informed effort and actions. It could end up in litigation.
Answered on Jul 26th, 2011 at 3:08 PM