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qualified theft

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1 qualified theft on Thu Sep 01, 2011 11:06 pm

NAYRDE


Arresto Menor
Good eve. Just want to help my friend(accountant) who has been accused of qualified theft by her ex-employer amounting to almost 1.1M. This amount is covering four years of company's disbursements she processed before including salaries of ghost employees? Please answer the following questions:

1. Is she really the one liable even she's just in a rank and file position?
2. She was forced to make and sign a written statement admitting that she did what her ex-employer is accusing. Is this valid in court?
3. Its her 3rd year in jail as detainee and suffering the accusation against her, what's the best thing she can do?

She has lawyer from PAO but the process is too slow, the hearing is always delayed and rescheduled for some reason.

Really need your help please... Thank you and more power.

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2 Re: qualified theft on Fri Sep 02, 2011 12:02 am

attyLLL


moderator
1) yes it is possible
2) yes
3) is the prosecution done with presenting evidence?


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3 follow up question re: qualified theft on Fri Sep 02, 2011 1:08 am

NAYRDE


Arresto Menor
...

4. She processed those disbursements with attachments before, how could she save those attachment if these are all in safekeeping of her ex-employer? Isn't easy for them to detach disbursement's supporting documents to strengthen their accusation?
5. Is there any way to void her signed and written statement since she was just forced to do it?

Thank you so much again attyLLL.

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4 Re: qualified theft on Sat Sep 03, 2011 12:38 am

attyLLL


moderator
the accused has powers such as to compel witnesses to attend and to depose them prior to trial. he can request for documents to be presented.

she'll have to show that there was sufficient intimidation to make her sign an untruthful statement.

she can also consider the tactic of arguing this was estafa or falsification of private documents which have a lesser penalty


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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5 Re: qualified theft on Sat Sep 03, 2011 7:31 am

NAYRDE


Arresto Menor
Thank you so much again attyLLL!

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6 Re: qualified theft Today at 2:13 pm

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