Legal Question in Criminal Law in Virginia

Silent Partners

I own a restaurant In va. Im a chef by trade and opened my first restaurant a year ago. I believe some of my employees are stealing from the cash register. Because of being a new business and lack of funds, I manage and do most of the kitchen work myself. I have a system to track sales and the flow of money but we stay very busy and Im not able to see everything thats going on. Each day the register is short or its over it never comes out even. This is my question,

If I am able to catch this happening, would this be considered embesselment, and what could I do to get the strongest charges against them. I have had these employees with me from the beginning and I have bent over backwards for them many times. I will not tolerate theft and have warned them in the past, I want to prosecute to the fullest.


Asked on 2/02/05, 2:20 pm

1 Answer from Attorneys
Thomas Dunlap Dunlap, Grubb & Weaver, PLLC

Re: Silent Partners

Criminal charges may be brought against an individual in 3 different ways. The first would be if a crime was committed in the presence of a law enforcement officer. The second would be if the charges were brought by law enforcement after some investigation. The third would be upon a filing of a citizen complaint with the local magistrate.

Any theft of an item of value may constitute misdemeanor larceny. However, theft over $200 constitutes Felony larceny. Theft which takes place in the course of one's employment is generally considered embezzlement.

In order to have charges brought, you will need evidence of actual theft. This can be anything from video of the employee taking funds out of the register to unexplained shortages in the register.

I'd also advise you that before you begin bringing criminal charges, you may wish to consult with an accountant, as there may be a less nefarious answer to why these shortages exist.

Best Regards,

Dunlap, Grubb, Weaver & Whitbeck, P.C.

199 Liberty St, SW

Leesburg, VA 20175-2715

703-777-7319

Fax 703-777-3656

Offices in Leesburg, Reston & Winchester

www.dglegal.com

This correspondence contains privileged attorney-client information and is the property of Dunlap, Grubb, Weaver & Whitbeck. This e-mail and is intended for the addressee. Any unauthorized disclosure, reproduction, distribution or the taking of action in reliance on the contents of the information is prohibited. If you believe that you have received the message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Dunlap, Grubb, Weaver & Whitbeck, P.C. does not and will not represent you until you have signed a written retainer agreement. Any information or response to an your inquiry should not be relied upon and is not legal advice, unless such information or response explicitly states it may be relied upon and further explicitly states Dunlap, Grubb, Weaver & Whitbeck has agreed to enter into an attorney client relationship with you. For information please call 703-777-7319.

Read more
Answered on 2/02/05, 2:59 pm


Related Questions & Answers

More Criminal Law questions and answers in Virginia