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I was arrested on an embezzlement
charge. Since being arrested the llc
business has dissolved. Will the
charge be automatically dropped?
Asked on March 29, 2017 under Criminal Law, Mississippi
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, it will not automatically be dropped or dismissed. What happened later to the LLC does not change the fact that a crime occured (the embezzlement): you can be punished for that crime even though the victim has since dissolved, the same way that if you steal from a person, you can be charged and convicted even if the victim later got sick and passed away. If the prosecutor can no longer find any witnesses, such as the employees or members of the LLC, to the crime (e.g. there is no contact information for where they are now), the prosecutor may choose to dismiss for practial reasons (such as because he feels that he lacks evidence to prove his case), but the fact of dissolution does not by itself require dismissal of the case.
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