Shoplifting, Larceny, Robbery, Theft Falsely Accused of stealing money

M

Melissa Bolanos

New Member
Jurisdiction
Virginia
My husband is a pest control technician. He was at an apartment complex subbing in for a tech that was out. One of the tenants has filed a police report claiming he stole some money they had in their mattress. My husband was in fact in that unit but he was being escorted by a maintenance guy. When he arrived for that unit the tenant was not prepared so he dusted underneath the bed and a little on top near the baseboard. The bed was not prepared and had several items including luggage on top. The maintenance guy stepped out for a couple of min while he was treating the bedroom. Shortly after the maintenance stepped out my husband stepped out to let him know he was done treating but that he was unable to treat the bed because it was not prepared. He did let the maintenance guy know he did dust what he could and he also wrote it up in his paperwork.

My husband has no need to steal any money. He makes between $2000-$3000 every 2 weeks in addition to what I make and we are currently living in my parents house to save up some money for a house. He has been working with this company for over a year and has never been accused of something like this. Usually when someone calls they are calling to request him or let the manager know they were very please with his work.

I just want to know what are his rights and how can he fight this? I am 100% sure he did not steal this money. I have been with him since I was 16 and he was 17. I just want to make sure he is not wrongly convicted. Thank you for all the help in advance!
 
He hasn't been charged yet. A police officer called today because he wanted him to come in so that he can be questioned. The tenant was the one who put in the police report. I work for the same company in the office. The property manager called us in the office and our President told them to go ahead and file the police report. The president told us not to worry about it that these type of things happen and that the most that will happen is a police officer will call to question him.
 
Melissa Bolanos said:
My husband is a pest control technician. He was at an apartment complex subbing in for a tech that was out. One of the tenants has filed a police report claiming he stole some money they had in their mattress. My husband was in fact in that unit but he was being escorted by a maintenance guy. When he arrived for that unit the tenant was not prepared so he dusted underneath the bed and a little on top near the baseboard. The bed was not prepared and had several items including luggage on top. The maintenance guy stepped out for a couple of min while he was treating the bedroom. Shortly after the maintenance stepped out my husband stepped out to let him know he was done treating but that he was unable to treat the bed because it was not prepared. He did let the maintenance guy know he did dust what he could and he also wrote it up in his paperwork.

My husband has no need to steal any money. He makes between $2000-$3000 every 2 weeks in addition to what I make and we are currently living in my parents house to save up some money for a house. He has been working with this company for over a year and has never been accused of something like this. Usually when someone calls they are calling to request him or let the manager know they were very please with his work.

I just want to know what are his rights and how can he fight this? I am 100% sure he did not steal this money. I have been with him since I was 16 and he was 17. I just want to make sure he is not wrongly convicted. Thank you for all the help in advance!
Click to expand...

You weren't involved in this alleged misdeed.
You simply asked a question, but your innocent questions could even cause your husband to become even more entangled into the snare of the police dragnet.

Why?
How?

Most people talk too much.
That is always the greatest risk a criminal suspect takes when he or she voluntarily talks to the police.
Contrary to what the police might publicly pronounce, they are completely disinterested in the "suspect's" account of things.
The police want to IMPLICATE someone, not exculpate the someone they are eyeballing.

This lawyer, who happens to be a friend of mine, lays out a greta case as to why no one should ever talk to the police.


If You want to Fast Forward:

1:04 The Fifth Amendment

1:50 A Listening Test

2:58 Justice Robert Jackson

3:58 People who really ought to know better

5:17 The uncountable number of different crimes on the books

6:16 Federal Fish Crime 7:38 Advice to a former student facing the IRS

8:31 Reason 1: It cannot help (the hearsay rule)

10:02 Reason 2: What's the rush? You can admit guilt later.

11:14 Senator Larry Craig

11:48 How proven-innocent people were convicted by confession

13:20 Reason 3: Your innocent mistakes can hang you

14:30 Reason 4: Even the pure truth can help the police to convict you

15:56 The basic function of the Fifth Amendment

17:42 Reason 5: The police's mistakes can hang you, too

18:15 Pop quiz!

19:00 "You are the kind of people who should never talk to the police under any circumstances for as long as you live."

19:33 Reason 6: Even the questions can incriminate you

21:33 Reason 7: Telling the truth can give weight to false evidence against you

24:42 Just ask Martha Stewart and Marion Jones

26:22 "God bless the Bill of Rights!"

27:02 "What's left of equal time"

27:18 Officer George Bruch, Virginia Beach Police Department

27:38 "Everything he said was true"

28:34 "Anybody go above 55 on the Interstate?"

29:28 Every driver does something illegal to justify pulling them over

29:44 "Do you know how fast you were going?" - everyone wants to be honest

30:20 People are stupid

30:46 80% of convictions don't go to trial because they confess

31:12 Hardened criminals like to tell their story, even to police

31:23 The officer's edge is the overtime rate motivating him to stay

32:22 The defense attorney's job is to get to their client before I do

32:30 Example of eliciting confessions of the elements of the offense

33:20 Trying not to admit guilt is like trying to win an Olympic boxing match

34:12 Miranda warning and getting a waiver

35:02 "Before you say anything, let me tell you what I know"

36:00 "Before you start talking to me, let me tell you [what will happen if you lie]"

36:36 The three types of people

39:22 Tricks of the trade: switching off the tape recorder

40:54 If you talk to the police, even on the phone, everything said will be written

43:12 There are some intelligent criminals, mostly in big office buildings

43:37 The 3 strikes: 1) defense attorney; 2) police witness; 3) confession evidence.

45:30 The recording is usually wiped as soon as the police transcript is written.

46:46 Tricks of the trade: "Write a letter of apology" (yes, we're allowed to lie)


This police detective simply offers his "amen" to what the lawyer said.


Your husband might lose his job.
He won't lose his freedom, however, by not talking to the police.

If he does insist on telling his story, he should ONLY do so with a licensed criminal defense attorney accompanying him.
 
When should you talk to the police? Short answer: NEVER!
Justice Robert Jackson, Nuremberg Prosecutor, Supreme Court Justice:

"Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to the police under any circumstances." Watts v. Indiana, 338 U.S. 49

Types of things the police might tell you to get you to talk to them:

  • "If you don't answer my questions, I'll have no choice but to arrest you. Do you want to go to jail?" (They will arrest you either way.)
  • "You're not a suspect - just help us understand what happened here and then you can go." (They will arrest you after you talk.)
  • "If you don't answer my questions, I'm going to charge you with resisting arrest." (They will arrest you either way)
  • "All of your friends have cooperated and we let them go home. You're the only one left." (They will arrest you either way.)
  • "You are just here voluntarily and we appreciate you helping us with this. You are free to leave at any time." (If you try to leave, they arrest you.)
 
Melissa Bolanos said:
My husband is a pest control technician. He was at an apartment complex subbing in for a tech that was out. One of the tenants has filed a police report claiming he stole some money they had in their mattress. My husband was in fact in that unit but he was being escorted by a maintenance guy. When he arrived for that unit the tenant was not prepared so he dusted underneath the bed and a little on top near the baseboard. The bed was not prepared and had several items including luggage on top. The maintenance guy stepped out for a couple of min while he was treating the bedroom. Shortly after the maintenance stepped out my husband stepped out to let him know he was done treating but that he was unable to treat the bed because it was not prepared. He did let the maintenance guy know he did dust what he could and he also wrote it up in his paperwork.

My husband has no need to steal any money. He makes between $2000-$3000 every 2 weeks in addition to what I make and we are currently living in my parents house to save up some money for a house. He has been working with this company for over a year and has never been accused of something like this. Usually when someone calls they are calling to request him or let the manager know they were very please with his work.

I just want to know what are his rights and how can he fight this? I am 100% sure he did not steal this money. I have been with him since I was 16 and he was 17. I just want to make sure he is not wrongly convicted. Thank you for all the help in advance!
Click to expand...
I'm sure that since he's been with that company for awhile and has shown himself to be a stellar employee that they will support him. If the police ask to speak with him, get an attorney, just in case.
 

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