Criminal Lawyer New York
Q.My 17 year old son was fired a few months ago from his job at a retail pharmacy for theft. Because of some quirky CT law, he is considered an adult in some ways but still considered to be a minor when it comes to my liability for his misconduct. When he got caught, a "corporate investigator" interrogated him, without advising him of his right to have an attorney (or parents) present during the questioning. According to my son, the investigator said "you're lucky we didn't have you arrested" and told him he'd be responsible for paying back $1,200.00. My son admits to stealing about $500.00, but claims he agreed to pay back $1,200.00 because he was intimidated by the investigator. Either one of them (or both) could be lying. Today I received another undated demand letter, demanding payment within 7 days of their letter. Though I'm not a lawyer, common sense tells me that a retail pharmacy cannot assess punitive damages--otherwise we wouldn't need judges. Further, I question whether they have any basis for the $1,200.00 figure or whether they just needed a number to balance their books. I have not received an answer from the company about proof of theft, only another undated form letter demanding punitive damages. I have contacted the Attorney General, Legal Aid, and the Juvenile Court and they all keep referring me to another agency or they suggest I hire a lawyer, which seems counterproductive given the amount of the demand. What I want to know is: 1.) can a retail pharmacy assess punitive damages? 2.) can they legally obtain restitution for an amount of money without providing any proof of theft or having an arrest made? 3.) how do I make them leave me alone?
A.First, your son had no right to have an attorney present when questioned by an agent of his employer, much less to receive a warning to that effect. That right ( his "Miranda rights") is based on the Fifth and Sixth Amendments (right against self-incrimination and right to counsel), both of which apply only to action by representatives of the police, the courts, or some other government entity. Second, the whole concept of punitive damages has meaning only in the context of an award in a civil action. So far as I can tell, there has been no legal action here at all. If you want meaningful answers to your questions, you're going to have to bite the bullet and speak to an attorney face-to-face, and take your son with you. That's the only way you will get a meaningful opinion, because that's the only way the attorney can get a clear idea of what happened. As a layman, you don't know enough about the legal issues to know what facts are important. Many attorneys will provide an initial consultation at no charge. Many local and state bar associations have a free referral service which can give you a list of attorneys who do the appropriate type of work if you don't feel prepared to find one on your own. My sense of this matter is that you need to talk to an attorney who specializes in employment law, rather than criminal law or constitutional law.
Other Questions :
Criminal Lawyers
My first-ever stint at jury duty. I was involved in two jury selections and was lucky? enough not to be selected for either However, I found some parts very curious and would love some explanation if we have any criminal lawyers who hang aroun...
Criminal Justice Lawyers
After months of intense national scrutiny of its treatment of criminal defendants, Texas is moving closer to creating its 1st statewide public-defender system. A bill approved unanimously last week by committees in the State Senate and Ho...
Criminal Lawyers Award
About another Mc Donald's lawsuit: In real life, there are many sides to a situation. Given a family argument, I'll want to listen to everyone, get everyone's point of view, and can concede that everyone is partly right. But a court of law ...
Dallas Divorce Lawyer
http://www.dallas-divorce-lawyer.com/Dallas_child_custody.htm Gender Neutral Determinations: The Court must consider the qualifications of the parents without regard to the gender of the party or the child in determining which party to ...
Bankruptcy Lawyer Michigan
I am currently relocating to the State of Ohio from Michigan. I am in debt and am looking to bankruptcy. The Job I held in Michigan came to an end and I don't have a replacement job as of yet. Since, I am still looking for work, and I hav...