What can we do if my sister was arrested for theft by accusation from a friend's children? 10 Answers as of October 08, 2012

My sister was charged and arrested for theft without the opportunity to explain her side if the story. She was asked to move some money for an elderly friend through her personal account without telling her children. However because the friend Did not complete the rollover there was a 3000.00 tax penalty, the children accused my sister of theft. Her bank and personal records were searched and she was arrested without any questioning or knowledge of the issue. She is a very honest person and was trying to help her friend. The situation happened over 5 years ago and she has now been forced to hire an attorney and try to recreate what happened five years ago in order to defend herself. We are surprised that she was not given the opportunity to tell her side if the story. Does she have any other recourse besides the huge expense and embarrassment? Is this a legal process?

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Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
When an arrest is pending you do not always have the occasion to tell your side of the story. More times than not you don't want or need to make a statement as the police may either get it wrong, not blivet you, or say you said something that you did not say. Always have an attorney present when making any statement in a criminal matter. Tyre is no way to avoid the expense and the embarrassment in this situation.
Answer Applies to: Alabama
Replied: 10/8/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
She should hire a lawyer to see if the Statute of Limitations has run since it occurred over 5 years ago.
Answer Applies to: Pennsylvania
Replied: 10/4/2012
Universal Law Group, Inc. | Francis John Cowhig
If she was arrested, it is a legal process. Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that your sister contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding her arrest. He/she would then be in a better position to analyze her case and advise her of her options.
Answer Applies to: California
Replied: 10/3/2012
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
She is lucky that she did not get a chance to tell her side of the story. Ever heard of the right to remain silent? The only person who should be "hearing" her story is a lawyer that she needs to hire ASAP. Theft is a crime of moral turpitude, and having it means she can kiss her school/employment aspirations goodbye. Trust me, she was lucky that she didn't talk!
Answer Applies to: California
Replied: 10/2/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Is all the money there except the penalty? I would not have her tell her side of the story if I was her attorney. The police often try to make any answer sound guilty. This is the only way. The attorney can say what the deal was( in general terms)in the course of dealing with the prosecutor. This is safer.
Answer Applies to: Michigan
Replied: 10/1/2012
    Wilson & Cain, P.A.
    Wilson & Cain, P.A. | Gary M. Wilson
    Ask her attorney. If she doesn't trust her attorney for advice, get an attorney that you do trust.
    Answer Applies to: Michigan
    Replied: 10/1/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    I always tell clients never talk to the police without an attorney. Her time to her side of the story is in court.
    Answer Applies to: Michigan
    Replied: 10/1/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Has she retain an attorney or no? Because in one sentence you write she has been forced to hire an attorney, she means she has retained an attorney, which means you should be asking the attorney these questions. Then you write she is looking for some other recourse than the huge expense, which means she has not retained an attorney. The police do not need to speak to someone to get their side of the story before making an arrest. The five year delay is no problem because there are bank records, which are kept for ten or more years. The more your honest sister failed to use legitimate banks the more dishonest she will appear. You can help her retain a good attorney.
    Answer Applies to: Georgia
    Replied: 10/1/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    She should remain silent and hire an attorney.
    Answer Applies to: Washington
    Replied: 10/1/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You should hire counsel who will acquire the evidence in the case and develop a defense. No statements should be made to law enforcement until AFTER you have retained counsel.
    Answer Applies to: Minnesota
    Replied: 10/1/2012
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