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My son is in trouble for taking some money from a former…

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My son is in...

My son is in trouble for taking some money from a former employer & friend. He admits it & is trying to get money for restitution. Has some,but not all. The employer has agreed to drop charges and accept restitution payment, but when he called police to drop charges, they say they have the evidence & will pursue themselves.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Pennsylvania

Lawyer's Assistant: Have you talked to a lawyer yet?

No - that's why I'm contacting you. My son had trouble in his teens. He has been good for about 9 years & this happened. We don't have money for lawyer. He has talked to detective on phone & they want him to come in & talk to them

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We just want to know the best way to handle., if he should go in or not, he's afraid they will arrest him on the spot of course & then he won't be able to continue to try to get restitution money. He did have another job until today, when he told his new boss about the problem. New boss is willing to re-hire him if he can get this straightened out. My son is married and wife works too, but limited incomes & my husband is on disability, so we can't help money wise a whole lot either.

Submitted: 5 months ago.Category: Legal
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Answered in 1 minute by:
11/10/2017
Lawyer: Zoey, JD, Attorney replied 5 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,046
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Lawyer: Zoey, JD, Attorney replied 5 months ago

Unfortunately, once a complainant has involved the state on a criminal matter, the case no longer belongs to the victim. It is the prosecutor's case now, and he or she can go forward whether the company wants to prosecute it or not. It's out of police hands now, but if the employer does want to drop, he can talk to the DA handling the prosecution and he might be able to convince him.

As far as going to the police to talk to the detective, there's not a criminal lawyer worth his or her license to practice who will tell you that this is a good idea unless he can find a defense lawyer who wants to go there with him. He has nothing to say to the police that will help him, and the only thing that talking to the police will do is give the state evidence to make a very strong case against him.

If your son doesn't have enough money to retain counsel, he can go to the local public defender's office, tell them a detective wants him to come in and talk about a crime, and see if they will be willing to call the police on his behalf to arrange a voluntary surrender (if necessary) so that he may be able to avoid being placed in custody altogether or get expedited through the system so that he's brought before a judge quickly and released on his own recognizance.

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