Legal Question in Criminal Law in Illinois

fictional story

a man disappears with company property and assets. he returns one year later with every thing that he had taken. what would the charges be against him and would the charges be dismissed?


Asked on 5/02/09, 11:54 am

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: fictional story

If this is all "fiction", why are you asking US?

Your question really cannot be answered because there are too many unknown facts:

* what was the total value of the stuff taken;

* defendant's prior record;

* which county this is in because each prosecuting attorney decides on his/her own whether to issue a charge or not and this might be in a county where they take a tough stand on every case or in a county where the prosecutor is known to cut people slack if they make things right in a timely fashion; etc.);

* etc.

There are felony and misdemeanor theft / embezzlement charging options depending on what the Big Picture is, including the issues I listed above.

I doubt that charges would be "dropped" unless the 1-year delay impacted the prosecutor's ability to prove some critical case facts. For example, maybe a necessary witness has died in the last year.

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Answered on 5/04/09, 11:43 am

Re: fictional story

For information on theft crimes, go to:

www.AggressiveCriminalDefense.com

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Answered on 5/02/09, 1:42 pm


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