Legal Question in Criminal Law in California

Can I be charged criminally in the future for embezzlement if a settlement agreement has been made with the victims?


Asked on 2/04/10, 2:47 pm

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Because individuals do not file criminal charges, only the government can, there is no guarantee that you will not be charged merely because you enter into a settlement agreement with the victims. The victims are needed to file the complaint and to assist with the prosecution, which they can refuse to do, but the City Attorney or District Attorney can always threaten to jail them if they do not cooperate...so, again, there is no guarantee that the settlement agreement will protect you.

Of course, it will show that you had remourse and are shwing a willingness to provide restitution (making the victim whole), but this would go towards any possible sentencing and not towards convictability.

Your odds are better if you do enter into the agreement, but there can be no guarantee that you will not be charged, especially if the victims have already filed a complaint withthe authorities. If they have not, then this is definately your best bet...but again...there are no guarantees in life...except death and taxes.

If you want to dicsuss this further, pleae feel free to contact me at MasterCriminalDefense.com

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Answered on 2/09/10, 3:27 pm
Terry A. Nelson Nelson & Lawless

A proper written Release Agreement could ensure they won't file criminal charges. Get an attorney to make sure you are protected. The risks are too high for you to 'play lawyer'. Feel free to contact me if serious about doing this right, if it isn't already too late. Once charges are filed, you'll have a criminal record.

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Answered on 2/09/10, 4:42 pm


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