Legal Question in Criminal Law in New Mexico

Can a person who stole money from their employer but paid it back after discovery still be charged with a crime?

Asked on 3/06/13, 11:51 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Technically, yes. The crime of embezzlement was committed when the money was taken, and the crime is not undone by repayment. It would be rare, however, but not unheard of, for a prosecutor or the employer to file formal charges. Firing would be predictable, but some form of diversion rather than prosecution would seem to be called for.

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Answered on 3/06/13, 12:23 pm


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