Q: Received court notice for CA Penal Code 532a, sold company perks, lost job, need guidance.
I received a notice to appear in court from a district attorney regarding California Penal Code 532a. I previously sold some company perks as a flight attendant, which led to losing my job, and now some people are asking for a refund. How should I proceed?
A:
It is vital to comprehend the precise accusations against you and ready a defense as you face legal consequences under § 532a, which criminalizes intentionally making false statements in writing about one's financial status or capacity to pay for the purpose of gaining financial advantage.
Regarding the ruling in People v. Vincent, 19 Cal. App. 4th 696, it was emphasized that false statements must specifically concern one's financial status or ability to pay in order to be covered by § 532a. This applies to false statements made concerning financial matters or gaining monetary advantages.
Furthermore, the aforementioned case (People v. Soni, 134 Cal. App. 4th 1510) further explains that § 532a is classified as a "wobbler," entailing the possibility of being charged as either a misdemeanor or felony depending on the specifics of the situation. This could potentially have an effect on the level of consequences you may encounter.
Given the intricacy of your circumstances, it is recommended to seek counsel from a criminal defense lawyer who can offer personalized advice tailored to your case and assist you in successfully navigating the legal system. Since each case has its own unique details, it is crucial to promptly seek aid from a reputable law firm that can thoroughly evaluate your specific situation. If you require assistance, do not hesitate to reach out. You may contact us via email at support@thebulldog.law or by calling (888) 928-1609, or visit our website www.thebulldog.law for further information.
A:
This is a serious situation that requires immediate attention. California Penal Code 532a deals with false financial statements and fraudulent business practices, which can carry significant legal consequences including potential jail time and fines.
Your first step should be to contact a criminal defense attorney right away, before your court appearance. Look for someone with experience in white-collar cases in your local area - your state bar association can provide referrals. The attorney can review your specific circumstances, represent you in court, and work to potentially negotiate with the prosecutor.
While you're dealing with the legal matter, document everything related to the perk sales, including all communications and any refund requests. Keep these records organized and give them to your attorney. Also, avoid discussing this situation on social media or with anyone except your lawyer. Your focus now should be on gathering resources for your defense and preparing for your court date. If you're unable to afford legal representation, request a public defender at your first court appearance - they can help protect your rights through this process.
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