Legal Question in Criminal Law in Georgia

My Brother is being charged with theft by taking, from a company($5,000 +) that he resigned from. He informed the company that he was guilty and wishes to pay them back immediately. How should he go about doing so, and how can he guarantee that the charges will be dropped, if at all?


Asked on 6/15/11, 10:31 am

4 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If you rob a bank and bring back the money you still go to jail.

Same if you rob a company.

He cannot guarantee the charges will be dropped and was frankly very foolish to make an admission to the company without counsel/

He needs to get the best criminal lawyer he can and determine what he should do. Restitution may help, but it is not a guarantee of avoiding a conviction and prison.

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Answered on 6/15/11, 10:35 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Since he is charged, he needs a criminal lawyer now. Coming clean and returning the property may very well be in his favor and the company may be convinced to try to have the charges dropped. It is certainly the morally right thing to do, even if he has to face the consequences.

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Answered on 6/15/11, 10:56 am
Lawrence Lewis Lawrence Lewis, P.C.

He cannot guarantee that the charges are dropped. I would advise him to retain an attorney, but if he wants to repay the money first, then he repays the money. Recognize: His repayment of the money is an admission. Good luck.

Lawrence

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Answered on 6/15/11, 12:43 pm
Marcia Shein Federal Criminal Law Center

Although your brother cannot guarantee that the charges will be dropped even if he pays back the money, it is possible. It may be possible to negotiate with the district attorney and his employer to minimize his damages if he does pay the money back. He will need an attorney to contact the district attorney and see what can be done. Contact us if you would like to discuss representation or go to our website at www.federalcriminallawcenter.com.

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Answered on 6/15/11, 12:57 pm


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