Legal Question in Criminal Law in Delaware

Re: Unfair Payment Collection

I am making the following assumptions from you post in answering this question. Those assumptions are that this theft occurred in Delaware, that you do not presently have an adult criminal record and that you provided a written confession to your employer. If any of those assumptions are incorrect some of the following answer might not be correct.

You are not really in a position from which to negotiate or to complain. If you do not pay them and they prosecute you for theft your life will be much more difficult than it, aparently, already is.

From your post it sounds like you have already provided your ex-exmployer with a written confession to the crime of misdeameanor theft. If they prosecute you and you are convicted you will have a criminal record of a theft conviction which will follow you for the rest of your life. You will most likely be put on probation for some period of time and have to report to a probation officer. You may be ordered to attend some type of counseling. You might be sent to jail directly or if you fail to comply with the terms of probation you could be sent to jail.

Theft in Delaware is a Class A misdeameanor punishable by up to 1 year in jail and up to a $2,300.00 fine and the court can order you to make restitition.

If you have a theft conviction on your record no bank or financial institution will ever hire you, knowing of your conviction. Most employers who know or find out that you have a theft conviction will not hire you or continue to employ you once they find out you have been convicted of theft.

Theft is a crime which involves dishonesty and is treated differently by the courts and employers than a conviction for disorderly conduct or underage drinking or something of that nature.

If you have to hire an attorney to represent you on the theft charge it will cost you somewhere between $500 and $2,500.00.

Bottom line - pay the money and move on, you are getting a tremendous break. If you do not pay the money and move on you will be publically branded as a "THIEF" and have to live with the consequences.