Can I still get in trouble for stealing after entering into a repayment arrangement with my employer?

I was working for a gas station and I was caught stealing money on camera. I made an agreement to pay $100 a week untl it is paid off. They are going to count the inventory and whatever is short they expect me to pay, even though I am not responsible for as much as they want me to pay. I only made the agreement because I was scared to go to jail and I have 4 young kids. Can I still get in trouble with the law and should I be paying more than I am responsible for?

Asked on July 14, 2012 under Criminal Law, Texas


Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

In your query, you indicated that you were employed at a gas station, and you were caught on camera stealing money from your employer.  Out of fear, you entered into an agreement to pay $100 per week for the total amount of any shortages calculated by your employer.  You asked whether you could still be criminally prosecuted and whether you should be paying more to your employer than the amount you actually stole.  First, as to possible criminal prosecution, yes, you can be criminally prosecuted for stealing from your employer, regardless of any agreement you may have entered into.  Once the theft occurred, the crime was completed.  Accordingly, if the crime has been or is reported to law enforcement authorities, most likely, there will be a criminal prosecution for the commission of a felony.  If criminally prosecuted, through your attorney, you can request a "restitution" hearing to determine the exact amount of restitution (repayment) you should be making to your employer.  On the civil side, your employer could bring a civil action against you; however, the employer would have to prove that you stole the amount of money that is being alleged.  Accordingly, if there is a criminal prosecution, a restitution hearing should be held to determine the amount you should repay to your employer.  If a civil suit is filed, the employer has to prove the amount that you stole.  The crime has already been committed regardless of any agreements with your employer.

Russ Pietryga / Pietryga Law Office

Answered 8 years ago | Contributor

Yes, you can still be charged with a crime(i.e., most likely theft)  The degree of the offense would be based on the amount you stole.

You are making a deal with your employer not to call the police.  He can honor the agreement or not.  You are going to be facing potential criminal penalties at his/her whim. 

Of course, if they do call the police, the prosecutor will only be able to prove what you have stolen on camera and what you have admitted to. 

Hope this helps.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.