Legal Question in Appeals and Writs in Georgia

A church member stole money from a church 2004, and the state of Georgia put him on probation to pay the money back to the church. The state gets nothing out of this, all the money goes to the church. Now the church wants to forgive whats left owing on the debt and the church wants the courts to let this person off probation. Can it be overturned? The amount stole was $74,400 and almost half has been paid back.


Asked on 1/12/10, 8:03 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Church boards owe a fiduciary duty to their church and a church board that even recommended such a deal would likely risk being sued by the congregation for breach of that duty. Having said that, if the board wanted to risk that liability, they'd want to talk to the prosecutor and see if he might concur in such a motion (he probably will not, unless there are some very unusual circumstances).

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Answered on 1/17/10, 3:35 pm


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