Can my boss accuse me of stealing and have me arrested when I quit weeks later? 6 Answers as of February 15, 2012

Been selling art for my boss for 22 years, had an argument and quit. I believe he loves to create the worst for me now. Never stolen from him ever! Question is can he call the police to say that I have stolen from him (artwork) which he knows which art I have been collecting over the last 30 years . I would buy apiece here and there from him over the years and always paid in cash plus the artist died a month ago and is worth a lot. He has done something like this before with a gallery and the police walked in and said either give the artwork back or we will arrest you and sort it out later! Can this happen to me?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
It could happen and you would need to defend yourself against any charges of theft that he makes against you. Since you paid cash it may be difficult to prove that you bought the art from him. This is why you should not pay with cash ( use a credit card or money order or check or anything where you can document it. If you do pay by cash you should always get a receipt. If charges are filed against you, you should hire an attorney.
Answer Applies to: New York
Replied: 2/15/2012
Law Offices of John Carney
Law Offices of John Carney | John Carney
When people go to the police to have someone arrested a detective will investigate the facts and circumstances to determine if there is enough evidence to get a judge to sign an arrest warrant. If he says that he saw you steal art work they will want to know why he did not report it months ago. If he claims that he just discovered the theft they will want to know how he is sure that it was you that are the one who took the art and when you took it. Unless he can show them evidence they will not arrest you or indict you, but they might ask you some questions. You should never talk to the police, even if you are innocent. You should demand to have an attorney present before you answer any questions and ask that all questioning stop until you call one. They will not provide you with an attorney right away so you should have one available.
Answer Applies to: New York
Replied: 2/13/2012
The McDonnell Law Firm, PLLC
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
Anyone can make an accusation against someone. If the police believe it, they could very well arrest you. Without some kind of proof, however, the prosecution would not have much of a case. And if you had proof exonerating you, he would be exposing himself to not only being arrested for filing a false instrument but possibly a civil action by you against him for slander.
Answer Applies to: New York
Replied: 2/10/2012
Lutwin & Lutwin, LLP | Joel M. Lutwin
It can happen to you. If you are smart you should get a voice activated tape recorder and talk with him and get him to admit that you did nothing wrong. Then you will have proof which can be used bioth to stop a criminal matter and to sue him.
Answer Applies to: New York
Replied: 2/10/2012
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
Absolutely yes. If your ex-boss tells the police that you stole items from him, that would give the police probable cause to arrest you. It would then be incumbent on you to show receipts or proof that the items were legitimately purchased and not stolen. Just because you paid cash for something doesn't mean there wouldn't be a receipt or proof of title, especially in the art industry. You have a 5th Amendment right not to speak to the police if they wish to speak to you. They are not looking to help you or allow you to talk your way out of this. You should hire an attorney and allow the attorney to speak to the police on your behalf and insure that your rights are protected.
Answer Applies to: New York
Replied: 2/10/2012
Evans & Al-Shabazz | Robert Anthony Evans
We have a saying "You can control what you do but you can't control what you are accused of!" It is possible for him to file a complaint alleging you stole things from him. If he does so the Police will assign someone to call you or ask you to come in. Now what happens depends on where you are in the state. If you are in NYC you will likely be arrested because the complaint was filed and have to appear before a judge who will set bail. After that you and your attorney (either private or appointed) will meet with and discuss it with the District Attorney's office. If you live outside of New York City you may not be arrested but you may have to meet with the District Attorney. If a person repeatedly threatens you like that you might investigate a civil complaint and action against them.
Answer Applies to: New York
Replied: 2/10/2012
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