Legal Question in Criminal Law in Maryland

Well, first of all, the lawyer wouldn't press the charges, the State of Maryland would. She would be better off borrowing the money, even at high interest, and then paying the loan company back over time. That's because this is a serious felony, and the State takes this very seriously, even if the employer doesn't. She's facing a max of at least 15 years in prison on Theft Over. And while she won't get that if she's a first offender, she may get some smaller amount and at the least be put on probation for 3-5 years. If she violates probation (for instance, not paying restitution), she will definitely go to jail.

More importantly, unless there is some kind of defense to the charge, she will now be a felon. And the fact that being a felon comes with a very small chance of getting a good job for the rest of her life, $28,000 sounds like chump change. Think of all the years of earning that will be taken away as a felon. This is, of course, if she plans on bettering herself and getting a professional-type job. But even if she's a deadbeat, her earning power will be severely reduced with a felony.

The other option is to somehow convince the employer to allow her to sign a promissory note to him, agreeing to make payments. I would be willing to facilitate this if she comes to me with more details. This way, she can avoid major interest charges, avoid a felony, and pay back the money honorably.

I would be leery of signing a promissory note, because it could provide evidence of confession of guilt. Hopefully regular payments by money order will persuade the former boss not to contact law enforcement. Money orders will provide your sister with receipts for what is paid and to whom without necessarily naming her or providing evidence against her.

Sentencing is a matter of what the prosecution seeks and what the court ultimately decides. A possible outcome is probation before judgement, which avoids a guilty finding but may result in one and up to the maximum penalty being imposed, if the probation is later violated.

I offer a free initial consultation.