Legal Question in Civil Litigation in California

Re: Civil Compromise

Don't admit anything to anyone. You should get an attorney ASAP to protect you from the accusations and not have a non-lawyer deal with the police! A civil compromise means you will negotiate with the boss to pay the money back...if you didn't do it, don't compromise!

If there was enough evidence criminally, you would have been arrested and charged already.

Good luck and thanks for your questions.

Re: Civil Compromise

Just because you did civil compromise that do not mean you would not be criminally prosecuted. If you have not taken the money...you should not compromise...hire an attorney who would handle the criminal and civil matter.

Take a look at my site at www.amyghosh.com

Re: Civil Compromise

Be *very* careful what you do here, and get a lawyer right away. Following your friend's advice is likely to get you locked up for a long time.

A civil compromise is a very specific procedure and is not something you should attempt on your own. In fact, based upon what you have written, you probably *cannot* civilly compromise this case at all -- at least not yet.

A civil compromise is only available to someone who has already been charged with a crime, and the compromise must be approved by the judge who is handling the criminal case. Since it seems you have not been charged, you aren't eligible for this procedure.

Civil compromises can only be reached where the defendant is only facing misdemeanor charges. Stealing $5,650 could be charged as either a misdemeanor or a felony, but I think felony charges are much more likely. Thus, even after you are charged (which might never happen) you probably *still* won't be able to compromise this case.

If all you do is repay your boss, you will not have completed a civil compromise and could still be prosecuted -- and the fact that you gave back the money would be admissible against you as evidence of your guilt. It will thus make a prosecution (and a conviction) much more likely.

The police officer who suggested this to you is not trying to help you out. He knows that repaying the money would provide strong evidence of your guilt, and he wants you to do this so that the prosecutor will have a better case. In fact, depending upon the circumstances, the conversation you had with the officer can probably be used against you in court, as can additional conversations you have in the future. When the officer made this suggestion he was setting a trap for you, and you seem eager to step into it.

If you are the suspect in a criminal case the police have no interest in helping you; they want to see you punished. Police often try to persuade suspects that it is a good idea to cooperate with them, but this is almost always a trick. With very few exceptions, giving the police what they want will *not* help a suspect -- especially one who doesn't have a lawyer -- and will probably make the suspect's situation *much* worse.

Remember that it is the state that prosecutes crimes, and the police are part of the state. They are *not* on your side. They are not even the neutral facilitators they pretend to be. They are your adversaries and are working for the same people who want to put you behind bars. Every time they talk to you they are trying to make the case against you stronger, not weaker. Never forget this.

Don't make *any* agreement with your old boss and don't say *anything* to *anyone* -- especially the police -- that might even suggest you are guilty. In fact, don't communicate with the police or the employer at all except through your attorney. And if you don't already have an attorney, start looking for one immediately.