What Am I facing being charged with embezzlement? I can pay it all back.

I have embezzled from my company for a few years…i think its around 25k or so. I admited my guilt to the company comptroller they said they would get back to me with a number. I even called a few times the last month or so. Telling them I can pay them back with help of family. ASAP too. I get a call today from a detective asking me to come in tomorrow for a statement. She said I will not be detained it is just for a statement. I do not have a lawyer and I can pay this back. Should I give my truthful statement?

Asked on June 16, 2009 under Criminal Law, Maryland


M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to retain a criminal defense attorney - IMMEDIATELY.  Here is how this generally works:  If the police already have probable cause to arrest you for embezzlement, they are going to do so regardless of whether you give a statement.  If you give a statement and incriminate yourself, you simply make the state's case stronger.  However, if the police do not have probable cause to arrest you right now, and you provide an incriminating statement, that statement may be used to obtain probable cause for your arrest.  In other words, you have very little, if anything, to gain by providing a statement without counsel present, but you have alot to lose.  Under no circumstances should you provide a statement without legal counsel present.  You have a constitutional right to an attorney, and you should exercise that right.  Your very next phone call should be to a criminal defense attorney, and you should not provide any statements until you have obtained legal counsel.

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