Legal Question in Criminal Law in California
i embezzled from my last employer, they let me go and told me that if i made arrangments to pay back they wouldnt press charges. After a yr making payments i get arrested, im being charged with embezlement- my question- does the agreement i had with my previous employer still in effect? or no because they pressed charges and i have to wait for the outcome of the case? im still currently making payments
2 Answers from Attorneys
IF you had a formal, written "Civil Compromise Agreement" with them, specifically barring charges, then it could be enforced and used as a defense, IF you had complied with all the terms of the agreement.
Otherwise, no. Your payments will be credited to any restitution ordered if you are convicted or plead. It's up to you and your attorney whether to continue making payments, in 'good faith', to argue in your defense.
If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.
Terry Nelson's answer is good, but I add only that there may be tactical reasons which might affect the outcome of the case if you do or don't continue to make payments. It's probably a good idea to discuss this with a criminal lawyer in the area. Most criminal lawyers give free consultations. I do, and if you'd like to talk to me about this, don't hesitate to call. 310 393 0639. Steve Mandell
Related Questions & Answers
-
I am currently fighting a very serious case of identity theft. The State of... Asked 2/20/13, 2:37 pm in United States California Criminal Law
-
Is it legal for the courts to rschdule a defendants court date without their... Asked 2/18/13, 9:15 pm in United States California Criminal Law