Q: Malicious Charge Filing. 1st Degree Felony Theft of Property ($6,000) Need An Opinion.
Approx. 4 months ago the company I worked for as a restaurant general manager said they were missing nearly $6,000.00 in deposits. An 2-hour "investigation" by the local police detective division resulted in suspicion/blame being leveled against me. I resigned. After my departure the business continued to come up missing money.When an attempt was made by the district manager to question a remaining manager, he abruptly quit, and never returned.I say that should make any reasonable person make the conclusion that 1) I was innocent and 2) the other manager was guilty.When contacted by a detective to come in for questioning I told him I would like to have an atty present. he told me to come in immediately or he would just go ahead and sign the warrant for my arrest.He did. I went to the jail, turned myself in and bonded out. Now I have been contacted by the district manager saying he would like to rescind the charges against me. Is this possible since the detective signed thewarrant?
A: In these types of cases, the state is actually the one who brings the charges and prosecutes. It is very likely in your case that the prosecutor would go before the grand jury in order to secure an indictment. If the grand jury issues an indictment, you would be arrested and expected to defend the case. If the grand jury does not return an indictment, this would result in a no bill and the case would likely die.
To answer your question -- the store does not have the right to rescind the criminal charges. If the detective signed a warrant for your arrest and the prosecutor decides to go forward, there is nothing you can do other than wait. The store, however, would have the option of bringing a civil suit against you in an effort to collect money that allege you stole.
I have represented hundreds of clients in the State of Alabama in criminal cases. Feel free to give me a call to discuss your case. I would be happy to speak with you further.
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