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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27644
Experience:  10+ years defending Misdemeanor and Felony cases.
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My daughter was caught stealing. No charges were filed and

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My daughter was caught stealing. No charges were filed and she can repay the money, end of story. my concern and question is; can she still be charged with a crime even though she has agreed to this option? She is in the state of California.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and concern. What type of deal/offer has her employer made?
Customer: replied 3 years ago.

She pays her employer back and no charges will be filed. She did pay some money back but in reviewing my daughters history they found more, thus this recent offer.

Thank you for the additional information. Yes, they could still contact the police and have charges filed against her for the theft. However, if she is charged and either takes a plea or is found guilty at trial, she would have to pay restitution anyways. As such, if the employer is offering her a chance to repay the money taken in exchange for no charges being filed, she should strongly consider it. Since the money would have to be paid back regardless, it does not hurt to accept the offer, make the employer happy and walk away from this, so there is no evidence of it on her record. The last thing a potential employer will want to see in the future, is an employee who has a history of theft and dishonesty.

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Customer: replied 3 years ago.

Thank you and I figured as much. My daughter claims they have proof and she denies it. but I do agree with your assessment to settle and make her employer happy. I suppose if they came back and filed they would probably not look good in the court eyes after settling out of court, always a crap shoot I guess.

You are welcome. The decision is up to your daughter. If she denies it, she can tell them she is not paying them anything and to file charges. The burden would then be on the State to prove the allegation against her beyond a reasonable doubt. Any proof would need to be disclosed at that time, once her attorney makes a demand for discovery.
Customer: replied 3 years ago.

One last question; is there a statue of limitations on this?

Yes, there is, depending on how she would be charged. California imposes no statute of limitations for crimes of murder, embezzlement of public funds or for capital offenses and those that carry a term of life imprisonment without parole.

Felonies punishable by eight or more years in prison must be prosecuted within six years, while others that carry prison time of three years have a three-year statute of limitations. Misdemeanor offenses have a one-year statute, while crimes regarding child pornography or involving elders or dependent adults carry different time limitations for initiating prosecution.
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