Legal Question in Criminal Law in Kansas

embezzlement

I was terminated from my employer on June 10th for theft/embezzlement. From the day I was called in for investigation... I admitted to the crime. In addition, I also agreed to make immediate restitution from my 401K plan..so that the customers and bank would be paid back right away. The police report was filed on June 23rd or so and I met with the police without attorney present on July 8th. I went voluntarily in to give a statement...which is the same information given to my employer. Since that meeting with the police, I have retained a lawyer. He told me I must wait until the police report is received by the county attorney..and co. attorney will decide what to do from there. How long can that take? I haven't been charged yet. No prior record..not even a speeding ticket. I want to pay the money back now..but am told that I must wait for a case number. Is is possible that this might be settled with my employer out of court without any charges? Is that something my attorney can ask for? If the time frame is going to be months before I know anything..or am charged...how am I supposed to handle getting a new job? I haven't been charged yet..and don't what to say to potential employer. My attorney won't return calls.


Asked on 7/31/04, 11:55 am

1 Answer from Attorneys
Brian Leininger Leininger Law Office

Re: embezzlement

My first comment is that you need to get things straight with your lawyer, especially if you have already paid him or her. My advice is to try to work things out with your lawyer.

It is possible the prosecutor would agree to not file the case if you paid back the money but it is EXTREMELY unlikely. Still, you and your lawyer could offer in writing to pay back the money and the aggrieved party can accept or reject. This could limit the necessity of paying interest on the money down the road.

The county attorney has two years to file the case and can do it whenever he/she wants to. Generally it happens within a couple weeks of getting the police report, but there is no way to predict.

Brian Leininger, Attorney

913-648-7070, but please only call if you are not currently represented by a lawyer.

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Answered on 7/31/04, 1:55 pm


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