Charged with Theft from Employer

[gg228]

My question involves criminal law for the state of: Arkansas

I quit my job in early March of this year. At the beginning of April, I was arrested and charged with theft of property for allegedly taking $3500 in cash from my employer. I immediately retained an attorney and it has been an uphill battle just trying to get in touch with him. We've gone to court and plead not guilty. He has never asked me for any details about the case, all he has told me is that they have receipts showing that I collected money from vendors, which I told him that would be the only detail to connect me to anything. He has told me several incorrect court dates, hasn't even talked to the prosecutor and has not tried to resolve the matter out of court like I asked. His secretary even called my girlfriend and told her I still owed him some money and that she needed to pay it. So here are my questions, is that enough evidence for the prosecutor to get a conviction, should I take it to trial or just cut my losses and take a plea deal? Any chance I can have this dropped down to a misdemeanor? And finally, should I consider getting a new attorney, and if so will I be responsible for the fees to him that have not been paid? Thanks in advance for any guidance in the matter.

[Mr. Knowitall]

You know whether or not you collected the $3,500 from vendors. If you did, you know whether or not you turned that money over to your employer. If your employer has evidence that you collected the money, but there's no record that you turned it over to your employer, that would be why you are charged with a crime.

As you have not shared the full facts with us, we are not in a position to suggest what you should do. You need to talk to your lawyer. If you are not able to work effectively with your lawyer due to poor communication then, yes, you need to consider retaining a different lawyer. Your fee obligations to your current lawyer are governed by your retainer agreement.

[comment/ator]

It is a very bad idea to lie to and have communication problems with your lawyer if you are going to take the matter to trial. Are you sure that all they will have is the evidence the lawyer thinks they will have? If you were totally innocent, I doubt you'd be asking your attorney to do a plea bargain. But perhaps you are asking too much of him?I suspect that you may owe him money, and that may have to do with the lack of communication, but yes, if you have lost confidence in your attorney, you may want to retain another. That does not mean that you do not owe your first attorney what you agreed to pay him.