Legal Question in Criminal Law in Virginia
Embezzelement
I am going to be charged with embezzlement. I and another person took property and the value was $3602.00 from our employer and were fired. I have NEVER been in any sort of trouble ever. I offered to make restitution. I am a single parent and again have been in NO TROUBLE AT ALL. I guess they will appoint me a court ordered lawyer. I was reading about an accord and satisfaction statement. I am praying that i don't end up with a record. I am scared and i am so damn sorry for what i have done. I will work at paying whatever i have to to avoid jail because i do have 2 kids and am a single parent. I know i owe. I do not understand why each of us are being charge for the whole amount (3602.00 per person) but that does not matter. I just want he chance to redeem myself and make this right. i have learned a hard lesson.
2 Answers from Attorneys
Re: Embezzelement
Your honesty and remorse will be the primary determining forces to your demise. Embezzlement is amongst the most serious non-violent crimes in the Courts as the focus is a breach of trust and fiduciary duties. As such, sentencing is more severe than if the same amount was stolen from a third party with whom you had no previous employment/fiduciary relationship. PLEASE stop talking about this case with others until you have obtained proper legal assistance. I believe, based on your statement of facts, that you have already made several damaging admissions. The more admissions you make, the more difficult the task for your future attorney.
Re: Embezzelement
Under applicable criminal law, each of the accused is what the law calls "jointly and severally liable" for the entire amount which was feloniously taken and, consequently, each can be prosecuted for the unlawful taking of the full amount in question to the full extent allowed by law.
The accord and satisfaction is a civil remedy which can be used to settle petty larceny(misdemeanor) cases in lieu of criminal sanctions for the defendant but as far as I am aware this remedy is not available in serious felony cases such as grand larceny or embezzlement.
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