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?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 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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