My son took $34,000 from his former employer about a year ago. I have paid back 3/4 of the money leaving $14,000 balance. I have run out of money and have offered to settled for $5,000 which they have said no. Their lawyer states that unless I continue to pay they will file charges against my son. Can they still file charges and would the DA in Los Angeles county take on the case and charge my son. He has been unable to pay this off so it has fallen on me to keep him out of jail.
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Shoplifting, Larceny, Robbery, Theft taking money from an employer
- Thread Starter lwomack58
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cbg
Super Moderator
How old is your son?
jacksgal
New Member
This is a felony charge so the statute of limtations has not run out. Was the repayment agreement in writing?
cbg
Super Moderator
I was hoping to hear that your son was a minor. That's the only reason I can think of why you should be paying back the money instead of him. And if he can't do it and has to go to jail, well, he's the one who committed the theft. I sincerely hope he will be repaying you ever cent with interest.
I don't know off hand what the statute of limitations is - Carl probably will. But if it has not expired, then yes, they CAN certainly still report the theft. They have no legal obligation to settle for less money than was stolen. Whether the DA WILL charge your son is unknown.
I don't know off hand what the statute of limitations is - Carl probably will. But if it has not expired, then yes, they CAN certainly still report the theft. They have no legal obligation to settle for less money than was stolen. Whether the DA WILL charge your son is unknown.
jacksgal
New Member
There is no way the statute of limtations has expired on a felony theft yet and this is a felony
CdwJava
Moderator
While the SOL for grand theft certainly has not expired, the business entered into a contractual arrangement with the "suspect." Most DAs would not touch this at this point because it is now, arguably, a civil matter.
But! The agreement is with YOU, not with your son - the suspect. If the agreement is worded properly, it may not prevent the DA from filing at all. And while prosecutors are reluctant to file in situations that have become civil in nature, there is nothing to prevent them from doing so.
The question now becomes one of whether or not you and your son want to call the business's bluff.
And why are you going to put yourself on the line to keep your son out of jail? HE stole from the business, not you. HE needs to pay the piper, not you. If charges ARE filed, and he IS prosecuted, it is because your SON committed a serious crime. HIS actions led to this.
And before anyone asks whether or not I would allow my son to go to jail under a similar circumstances, the answer is, "Yes." I would not have paid back a penny on his behalf. By keeping him from feeling the consequences of his actions he will have learned nothing. All he will know is that his parents will protect him from the consequences of poor and even illegal decisions, and he will continue to do the same. You have set a precedent that he will almost certainly use to make you feel guilty the next time he gets in trouble, too. I have seen this a hundred times, and the kids (yes, even the 30 year old kids) are real sorry ... really sorry ... today. Tomorrow, there will be a new excuse, and another plea for aid ... and on it will go.
Does he have a drug problem? A gambling problem? Some other addiction or weakness that has encouraged this theft?
But! The agreement is with YOU, not with your son - the suspect. If the agreement is worded properly, it may not prevent the DA from filing at all. And while prosecutors are reluctant to file in situations that have become civil in nature, there is nothing to prevent them from doing so.
The question now becomes one of whether or not you and your son want to call the business's bluff.
And why are you going to put yourself on the line to keep your son out of jail? HE stole from the business, not you. HE needs to pay the piper, not you. If charges ARE filed, and he IS prosecuted, it is because your SON committed a serious crime. HIS actions led to this.
And before anyone asks whether or not I would allow my son to go to jail under a similar circumstances, the answer is, "Yes." I would not have paid back a penny on his behalf. By keeping him from feeling the consequences of his actions he will have learned nothing. All he will know is that his parents will protect him from the consequences of poor and even illegal decisions, and he will continue to do the same. You have set a precedent that he will almost certainly use to make you feel guilty the next time he gets in trouble, too. I have seen this a hundred times, and the kids (yes, even the 30 year old kids) are real sorry ... really sorry ... today. Tomorrow, there will be a new excuse, and another plea for aid ... and on it will go.
Does he have a drug problem? A gambling problem? Some other addiction or weakness that has encouraged this theft?
mightymoose
Moderator
I think the fact that they have already accepted thousands of dollars from you has likely ruined any likelihood of criminal prosecution. This has become a civil matter. They could potentially sue you- or him depending on his age- but I doubt criminal charges would be filed.
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