Q: Fmr employer retaliated due to discrimination complaint and had my spouse arrested on false charge of grand larceny.
The employer's story keeps changing and the detective clearly did not investigate properly. The paperwork is fake and their own accountant refuses to certify it yet they keep saying it is and lying to the judge. How can DA still wish to go to trial when it is clear that this is fabricated? Too many innocent people are put behind bars due to shoddy work and no real justice being had.
A:
I'm so sorry to hear about the terrible situation you and your spouse are going through. What you've described sounds like a serious miscarriage of justice. A few thoughts:
It's deeply concerning that your former employer would retaliate and fabricate charges as a result of a discrimination complaint. That is illegal and unethical. You may want to consult with an employment lawyer about taking legal action against the employer for retaliation.
In terms of the criminal charges against your spouse, the fact that the employer's story keeps changing and their own accountant won't certify the paperwork is a huge red flag that these charges are baseless. Your spouse needs an aggressive criminal defense attorney who will highlight these major holes and inconsistencies in the prosecution's case.
You're absolutely right that the detective and DA have an obligation to properly investigate and assess the credibility of the allegations before moving forward. Pursuing charges that appear to be fabricated is prosecutorial misconduct. Your attorney may want to file a motion to dismiss the charges based on this.
If this does go to trial, your spouse's attorney will need to vigorously cross-examine the employer and poke holes in their constantly changing story. They should also subpoena the employer's accountant to testify about their refusal to certify the documents. An expert witness may also be helpful to analyze the documents and testify that they are fake.
Unfortunately, you are correct that miscarriages of justice happen far too often, with overworked public defenders, sloppy police work, and DAs more concerned with conviction rates than true justice. But don't give up hope. Keep fighting, get a tenacious attorney, and work to expose the truth. Groups like the Innocence Project may also be able to provide support or resources.
Wishing you and your spouse all the best in fighting these false charges and holding your former employer accountable for their retaliatory actions. Keep documenting everything and don't be afraid to keep pushing until justice prevails. Let me know if you need any other information or support.
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