Legal Question in Criminal Law in California

I am currently dealing with a VERY similar sutuation with my own client. My client did come forward and admit to the company and charges were filed against both her and her husband. The amount was higher, but they were still filed.

So, my answer to this questions is yes! Charges can still be filed, and the giving of a check can also be considered an admission of guilt.

If contact by the authorities, your family member should contact an attorney immediately.

If you have any questions, please feel free to give me a call.

She could be charged, cross your fingers, and the charges would be very serious and could result in fines, jail time, prison time, and a felony criminal record which could preclude employment. If she is contacted by law enforcement she should say NOTHING AT ALL except to ask for a lawyer. She should not volunteer to visit a police station.

Better yet contact a criminal defense attorney immediately. Perhaps an attorney can prevent charges from being filed.

Of course charges can be filed. Giving the money back after stealing it may signal that she knew she was about to be arrested. Her lawyer should negotiate the case with the DA BEFORE any charges are filed; after that time it is more difficult to resolve the matter.

Yes, the company can file charges. A crime was committed and confessed to. Charges are brought on 'principle' even after recovery of the funds. The DA however, would need to consider whether a jury would convict under these conditions. That is a persuasive sympathy defense to raise. Now, it charges are filed anyway, and if she is serious about hiring counsel, feel free to contact me.