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J D Haas
J D Haas, Lawyer
Category: Criminal Law
Satisfied Customers: 2998
Experience:  23 years as a trial lawyer with experience in criminal law.
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I am in a stage to negociate restitution with the my previous

Customer Question

I am in a stage to negociate restitution with the my previous employee through prosecutor. (Prosecutor charged me right now, I have a trial coming up in 3-4 weeks; and my lawyer recommended me to plea guilty, the sentencing guideline will be around $70k-$120k range as agreed with prosecutor) Also at the same time VP of my previous employee talked to me and said if I give them money back quickly, he might be able to talk to CEO to figue out something to help me. Do you think it is possible that my previous employee might be able to help me if I give them money directly for the restitution instead of going through prosecutor at this stage.   Do you have any advise at this stage:

1) My current lawyer said prosecutor wants to get me "mail fraud" charge 2) My lawyer said he will negociate restitution with prosecutor 3) I will pay the restitution before sentence to try to get probation 4) My previous employee told me long time ago, they are not interested in prosecuting me,
Submitted: 8 years ago.
Category: Criminal Law
Expert:  J D Haas replied 8 years ago.
1) Follow your lawyer's advice.
2) If your lawyer does not want you to pay the CEO directly, then dicuss this issue with your lawyer and follow your lawyer's advice. This action by the company may be in your best interests, or it may be a trap.
3) Your former employer's statements about not prosecuting you may be accurate, but they are not bound to it. Furthermore, the state can prosecute you even if the company does not want them to prosecute you as you have allegedly committed a crime.

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Please be aware that my answer is not legal advice,
it is merely information. For a specific answer to your unique
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legal rights is if you have signed a written retainer agreement with
my law firm.

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