I want to know, in the State of California, and in the city of Modesto, Is there a law that allows someone?
to reopen a case. right now there is a charge of embezzlement, and i want to see if there is a way to come to an agreement with the employer who the money was taken from. What I want to know is if we can come to an agreement to pay money back, then how long does he have to reopen the case, so if he could drop the charges now, and we could start paying back what was taken, is there a specifc time period he would have to reopen the case before it is completley thrown out ??
Answers:
Boy is there a lot of erroneous information above. Employers do not file charges, prosecuting attorneys do. Penal Code section 186.11 is not a statute of limitations for filing embezzlement charges, it is a statute which permits seizing an embezzler's property, and gives 30 days for anyone asserting an interest in the seized property to make a claim. The statute of limitations is one year for a misdemeanor (i.e., $400 or under), and four years after discovery for an embezzlement charge which can be filed as a felony (even if it is filed as a misdemeanor). (Penal Code sections 801.5, 802.)
I believe what you are actually asking about is a civil compromise under Penal Code sections 1377 and 1378. It is unclear to me whether there has already been a conviction in this case. If so, it is too late for a civil compromise.
A compromise is available only if the charge is a misdemeanor. Any theft (embezzlement is a type of theft) CAN be filed as a misdemeanor, but a misdemeanor cannot be compromised if it was committed "with intent to commit a felony." Any theft of over $400 can be a felony, so if over $400 was taken it is unlikely that a civil compromise would be possible.
Otherwise, if the injured party appears before the court and acknowledges satisfaction for the injury, the court MAY (but does not have to) stay the action (which is, effectively, a dismissal) and the case cannot thereafter be prosecuted.
A defendant should NOT try to arrange such a thing on his own, but ONLY through counsel.
What you are asking is the statute of limitations concerning embezzlement. (186.11PC of the California Penal Code) The employer has within 30 days to file charges and depending on the amount od money depends whether it will be felony or misdemeanor charges. The usual statute of limitations is between 3 to 7 years.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: