My son took $34,000 from an employerand I have paid back almost 3/4 off, if I can’t pay anymore can they files charges?

UPDATED: Jun 11, 2011

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My son took $34,000 from an employerand I have paid back almost 3/4 off, if I can’t pay anymore can they files charges?

Took place 1 year ago.

Asked on June 11, 2011 under Criminal Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Criminal liability is separate from civil liability. Repaying a debt will discharge civil liability; i.e., you can't be sued to get repayment if you've already repaid. However, while it is often the case that the authorities will choose to not pursue a matter if restitution is being made, repayment does *not* mean that charges may not be pressed; if the crime has been committed, then charges may be brought regardless of what happens next. So in answer to your question: if the theft is reported to the authorities, then it is possible that charges will be brought, particularly if full restitution is not made--though charges could in theory be brough even if every dollar is repaid.

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