Legal Question in Criminal Law in California

Re: My Case....

If you pay the money back voluntarily the fact that you stole it doesn't go away. But it sure goes a long way to showing that you want to be one of the good guys again. That point with your confession to a fellow employee will not be lost on the judge and D. A. And your attorney will have an easier time getting you a lighter sentence or straight probation. Giving the money back also reduces the incentive for your former employer to criminally prosecute you. They still might do it. However, if you force the matter to trial they have to take time off of work, and appear in court. They also may not want the publicity. So give the money back, and let the chips fall where they may.

Re: My Case....

DO NOT THINK about paying the money without a signed release drawn by a CRIMINAL attorney. Feel free to call if we can be of service. Larry Wolf 310 277 1707

Re: My Case....

Having read both Victor Hobbs' and Larry Wolf's replies, I'd say the combination of the 2 is right on point. Having a criminal lawyer make the arrangements for you will maximize the chances that you are not prosecuted, that you will get appropriate written documentation of the payment, and that every thing which is favorable to you is put forward at the right time to the right person/people. If you'd like to discuss this further, don't hesitate to contact me for a free consultation. Steve Mandell 310 393 0639

Re: My Case....

Thanks for your posting. I see you have already received several replies from attorneys, with various answers. Let me just contribute mine.

Your situation is common, and anyone who has practiced criminal law for a while sees this a lot. I agree with you, that you have no incentive to pay if they are just going to prosecute you anyway. This gives you some leverage, in my opinion.

For clients in this situation, I take over the negotiations for them. I present what is called a "civil compromise" in their case, and explain to them the court's guidelines for restitution paid through the court. Here in Orange County, where you are also, you can pay as low as $50 per month towards restitution. On a $15,000 debt, that debt will be paid in 25 years. Do they want to get paid over 25 years, interest free? Does this one person you allegedly "confessed" to want to take several days off to appear in court at a preliminary hearing, and then again at a trial, just to wait, testify, and still only get $50 per month?

Your offer to pay them goes a long way towards paying them, and companies will always do what is in their best financial interests, absent some personal vendetta.

Even if you are prosecuted, with a civil compromise, or even by just showing that you attempted to make full restitution, the prosecutor and the judge may be able to reduce your case from a felony (remember that any theft or embezzlement above $400.00 is a felony) to a misdemeanor, or suspend sentence until the amount is paid, or dismiss the case.

Many things are possible, and I highly recommend you talk to as many lawyers as possible, and retain someone you feel is competent in this area. A little work at this stage, NOW, can go a long way towards preventing criminal prosecution in the future, or defending you in the future.

If you have any other questions, I'm happy to help in any way that I can. Please feel free to email, call (at 714-568-1560) or visit my office.