Legal Question in Criminal Law in California

Filed complaint for wrongful termination/retaliation. Employer counter sued for fraud. Employer settled out of court however criminal charges still pending. Doesn't settling in a civil case wherein the employer drops his claim and PAYS the employee because they know they were wrong show that there is no criminal case and that more retaliation is being done?


Asked on 4/03/13, 8:54 am

3 Answers from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

Only the district attorney has the power to dismiss a criminal case. While it is a little late now you should talk to your attorney about a civil compromise.

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Answered on 4/03/13, 10:07 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Shapiro. Settlement of a civil case does not necessarily make criminal charges go away. You should talk to your attorney about whether you could qualify the civil settlement as a civil compromise in the criminal case.

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Answered on 4/03/13, 11:20 am
Edward Hoffman Law Offices of Edward A. Hoffman

Mr. Shapiro and Mr. Roach are right.

A thief is still a thief even if he returns what he stole. The fact that he returned it may justify giving him a lighter sentence if he is convicted, but it does not make him any less guilty of the crime. That the prosecutor is still pursuing the case does not mean that the victim is doing anything wrong.

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Answered on 4/03/13, 12:02 pm


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