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
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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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3/06/13, 12:23 pm

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