QUESTION

Embezzlement over 5k felony

Asked on Apr 21st, 2021 on Criminal Law - Michigan
More details to this question:
If a theft of 5k occurs by employee and it's reported to police but he has gathered the money to repay, is the employer able to drop charges or is prosecutor responsible to the county residents and business owners to hold him accountable for the crime? He met with the detective and claims he was either too high or in a black out due to being on a crack binge. He identified himself on security footage going into the safe. He's the executive chef and generally has access to the safe, but let himself in the business in the middle of the night and stole all the contents of cash. He may have also used the company credit card to buy high end items for the dope man but he's fuzzy on the details. The detective said he had probable cause to arrest him, but said he was going to send the info to the prosecutor and will allow him to turn himself in when charges are filled. If he pays back the money before he's charged and ex-boss is willing to drop charges will the prosecutor still charge him?
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2 ANSWERS

Criminal Defense Attorney serving Detroit, MI
4 Awards
He is likely to still have the charges proceed against him, however, if convicted, he is likely to get a significantly better penalty at sentencing.  Furthermore, if the victim will not testify, the prosecutor is likely to reduce the charges if the defendant enters a plea bargain.
Answered on Apr 22nd, 2021 at 7:10 AM

The advice given here, does not establish an attorney-client relationship.

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Divorce Attorney serving Grand Rapids, MI
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Once the crime is reported, it will be up to the prosecutor's office to determine whether charges are filled and an arrest warrant is issued. He should speak with an attorney before that occurs.
Answered on Apr 22nd, 2021 at 5:50 AM

J. Allen Fiorletta The Fiorletta Law Group, PLLC 1-855-ALLEN-WINS (616) 717-1334 www.fiorlettalaw.com

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