Legal Question in Criminal Law in Virginia

Theft from a business

Hello,

I have recently taken over a new business and have an outstanding legal issue to resolve. Last year a former contractor stole approximately $500 in cash from the company and falsified the hours he worked. Since this only recently came to my attention, what options do I have in recovering the lost money (wages paid and cash taken)? I have witnesses that were present when the former contractor admitted taking the money and falsifying the hours.


Asked on 10/23/06, 6:33 pm

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Theft from a business

You may do several things. You have crimnal and civil remedies to consider.

Theft over $200 is Grand Larceny, a felony with a maximum punishment of 20 years. If convicted, restitution would be made part of any sentence.

You may sue the gentleman in civil court. Since it is under $2000 you may bring him to small claims court where lawyers are not allowed to participate.

In both cases you will need to secure your evidence. If criminal, you may either go to the Magistrate's office with your witnesses and/or evidence and present it to him. Since it is a felony, you must have him decide that there is enough to file a charge.

The same evidence and witnesses would be necessary to prove the case in civil court which you do by filing a Warrant in Debt at the General District Court Civil Clerk's office of the place where the theft occurred. The Clerk will have instructions on how to fill out the forms.

Good luck.

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Answered on 10/23/06, 7:08 pm


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