Can an employer go after you for embezzlement after declaring that you owe them a specific amount of money without letting you know any proof?

Asked on March 6, 2013 under Criminal Law, West Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

A victim can file a criminal complaint if they believe that they have been the subject of a crime. However, it is up to the prosecting attorney to determine whether or not a crime has in fact been committed. If one has been committed, they then will file the appropriate criminal charge(s). At such time as a defendent is formally charged, they can ask what the prosecutor what evidence there exists against them; a prosecutor is under a legal obligation to provide the defense with all evidence.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.