I Am Accused of Embezzlement —What Can I Do? (PC 503)
Being accused of embezzlement in the workplace is a tough process with possibly criminal consequences. Between the nation-wide $40 billion yearly cost of workplace-theft and the still-recovering economy, employers are on high alert.
If your employer accused you of theft your first question is likely, “How bad can it get?” That answer depends on how you answer, “How much?” California has a consolidated theft statute, you can read it here, but basically no matter the manner or circumstances of your theft, whether it was technically embezzlement, fraud, larceny by trick, the penalties relate to the amount you are accused of stealing.
When your employer determines that you have stolen from his company the first step is that they will want to interview you. This “interview” can be a dangerous thing to do. Your first step should be to contact an experienced criminal defense law firm because there is a very good chance your boss will turn this over to the police. We often suggest that you not speak to your employer because anything you say to your employer can be used against you in a court of law. If you make admissions to your boss that will make the likelihood of your conviction extremely high. Your decision should be guided by your criminal defense attorney as to whether you should or should not speak to your employer. In some cases our law firm is able to speak to employers and convince them not to turn the case over to the police so long as they are able to get their merchandise back in a prompt manner.
Yes, you can go to jail.
If you are wise enough to retain an experienced criminal defense law firm like Wallin and Klarich we are often able to have our clients avoid any jail time. In addition we often can have the most serious charge reduced to a minor offense so as to avoid a criminal conviction on your record that would complicate future employment opportunities for you.
However, the outcome of your case will depend upon a combination of hiring Wallin and Klarich as well as your active participation in your defense. We will need to know everything about your background that we can use to show the prosecutor and judge that there was a “reason” that you committed this offense that is not likely to happen again. Often we find that people “steal” from their employers due to a financial crisis they are facing. In other situations our clients tell us that they stole from their employer because of a drug, alcohol, gambling or other “addictive” behavior. We can work with you to find the help you need to deal with the underlying problem that caused the unlawful conduct. When we show the court that you are “working” through your problem and that you will not likely reoffend, then we are able to obtain the best possible result in your case.
We can often reduce a felony charge down to a misdemeanor, negotiate to substitute jail time with community service, or even take a misdemeanor all the way down to an infraction, erasing the criminal conviction altogether.
If you are accused of embezzlement in your workplace in the Southern California area, the criminal defense team at Wallin & Klarich can advocate on your behalf to achieve the best possible outcome. Our experienced team will review your case and take the steps necessary to get the charges reduced or, ideally, dismissed altogether. For over 40 years, the attorneys at Wallin & Klarich have been helping people facing theft charges. We have offices in San Bernardino, Ventura, Riverside, Los Angeles, San Diego and Orange County. Call us today at 888-749-0034 or fill out our intake form for immediate assistance. We will get through this together.