If I was caught making fradulent returns to my place of employment but we have entered into a settlement agreement, should I still consult with an attorney?

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If I was caught making fradulent returns to my place of employment but we have entered into a settlement agreement, should I still consult with an attorney?

It was for about $6,000 in returns. I have an agreement to pay the store back, signed by all parties to pay the damages back. Since I have a legal agreement, do I still need a lawyer? Am I looking at any jail time? This is a felony but also a first offense.

Asked on January 2, 2015 under Criminal Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the crime is reported to the police, then yes, you could face jail time: that is because the criminal and civil (lawsuit) legal systems are separate, and the fact that you entered into a settlement agreement with your employer does not change the fact that you committed a crime and could be prosecuted for it. If it is reported to the authorities, they may choose to take your willingness to repay into account, and let you either plead to lesser  charges or receive a lesser (possibly non-jail) punishment, but that is up to the authorities' discretion.


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