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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I charged some stuff on a company account.

Customer Question

I charged some stuff on a company account with intent to pay it. Now they fill that i was never going to pay for it. What em i looking out. They are also tell that i own them for things that was for them not me. They amount is $1265.00
Submitted: 4 years ago.
Category: Criminal Law
Expert:  INFOLAWYER replied 4 years ago.
Hello and thank you for your question. How much do you owe them?
Customer: replied 4 years ago.
1300 but i dont what all they are trying to make me pay for.
Expert:  INFOLAWYER replied 4 years ago.
Do you dispute this amount?
Customer: replied 4 years ago.
No I dont what do. They are going to let me know monday if they are going to press charges or just let me pay it.
Expert:  INFOLAWYER replied 4 years ago.
If you owe it, work out a settlement. It is not a criminal matter but a civil contractual dispute.
Customer: replied 4 years ago.
So what charges can they press. And how much time could they make me do.
Expert:  INFOLAWYER replied 4 years ago.
I will send you to our criminal law side.
Customer: replied 4 years ago.
ok
Expert:  INFOLAWYER replied 4 years ago.
Please hang on or check back later. You will get notice if there is a response.
Customer: replied 4 years ago.
Relist: They didn't answer my questions. I'm waiting for some else to answer..
They didn't answer my questions. I'm waiting for some else to answer.
Expert:  Zoey_ JD replied 4 years ago.
Jacustomer,

If they press criminal charges against you this will be a felony. It's embezzlement which is a form of theft by fraud. See section 76-6-403 of the Utah Code. It would be a third degree felony and would be punishable by anywhere from no jail up to 5 years of prison.

Your employer, if they want, could proceed against you both civilly and criminally. They do not have to choose one way or the other. They could strike a deal with you for their money back plus damages. And they could still go to the prosecutor and have you arrested and punished for your crime.

As these people know you and worked with you, they may be likely to simply fire you and come up with a repayment agreement. But I wanted you to know that they don't have to be that generous.

If they do press charges, and you have no prior contact with the criminal justice system the odds are very good that you would be placed on probation. If they don't press charges or don't know but want to talk to you more about this, you should retain a lawyer to work out an agreement for you. That way there will be less opportunities for a surprise later down the road and you would want to resolve this matter doing the least harm to your record as would be possible under the circumstances.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.



Edited by FranL on 5/2/2010 at 3:13 AM EST

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