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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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I embezzled money from my former employer. Not sure of the

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I embezzled money from my former employer. Not sure of the total but probably around 15,000 total. I left this job about a month ago. I only found out that they know about it a couple days ago. I do not think that they even know the total themselves. I got a phone call asking a couple questions. I have not returned the call and am not sure what to do. I am so scared. I know it was totally wrong. I got behind on some things and the opportunity was there and I made bad choices. I am scared. I don't want to go to jail. I am willing to pay it back but have no idea if they will accept that.   What do I do at this point. I have no money to pay it all back.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.



well, not knowing if they will settle for the restitution means that you should contact an attorney before talking to anyone about this matter. a local lawyer will be with you during any questioning and also help negoiate the terms of repayment and get a written understanding that no criminal report and charges will be pursued.


keep in mind, that whether you talk to them or not, they can report this to the police. the police will contact you - again, you are under no obligation to talk to them either.


the possible penalty in Minnesota for this crime includes incarceration - so i suggest you would want to nip any charges in the bud. consider a consultation with a local attorney to help work out the repayment. it will save your criminal history and reputation.



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Customer: replied 8 years ago.

So I should not call them back? I feel like there is a possibility that they would do a agreement, but of course there is no way of knowing. I was thinking of admitting to it and sending an apology letter and then see what they say. But I do not know if they even know how much. They have only asked a question of about 1,600. But I know there is more. Do I admit to that and hope that coming forward now will help me? Or should I talk to a lawyer first? It seems like that could put them more on the defensive if I speak to them through a lawyer. Is jail time a for sure thing if they go to the police being that I am guilty? How long is jail time? Do most employers want to work out an agreement? I know that is probably a case by case question.

Expert:  Samuel II replied 8 years ago.



only you know whether you committed a crime. and i want to make it clear that i am not suggesting that you lie at all. you know them. i dont.


jail time is not certain. it will all depend on how tenacious they want the district attorney to be. it is possible that they could work with you and no charges. it is also their option to work with you and still file charges to make a point to other employees. one really does not know.


if you feel comfortable calling them back and feel you can handle it on your own, then do that. when you begin to feel uncomfortable with then the stop talkikng to them.

the thing is they only have a certain amount of time to file criminal charges. so if say, for 3 years you pay as agreed and then stop - they have no criminal recourse, though they could take you to civil court and sue for the balance.



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