Legal Question in Criminal Law in Georgia
Theft or Shoplifting
My Friend was caught stealing money from her job. My friend was caught and she gave the money back to the employer immediately. The employer decided to take the case to court even though my friend gave back the money. The store that my friend worked for was looking for further restitution. However, the employer did not include the restitution on the charge sheet that was brought to the court. The judge dismissed the case because the former employer did not include the restitution in addition to stating that the employer had received the money back. Although the case was dismissed by the judge, the employer demanded that restitution still be paid to them. Is it legal for the the employer to demand restitution from my friend even though the case was dismissed in court. Does the employer have any recourse if she does not pay the restitution?
1 Answer from Attorneys
Re: Theft or Shoplifting
Yes if they are legally entitled to any restitution, the fact that they did not get it in the criminal case does not preclude them from making a civil claim. They could no longer hold the criminal matter over your friend's head, however.
I hope this answered your question.
Jim Hough
770-607-5300
Related Questions & Answers
-
Use of diversion A friend of mine was arrested in a sting by the FBI for crossing... Asked 5/28/04, 6:27 pm in United States Georgia Criminal Law
-
Legal search If a party in your vehicle has what is belived to be a controlled... Asked 5/19/04, 7:23 pm in United States Georgia Criminal Law