What can happen to my son if criminal charges were filed? 14 Answers as of February 06, 2012

You should have had an attorney negotiate with the victim before you paid the money back. Perhaps you could have reached an agreement that would have precluded his going to the police. Get one now.

Your son could be charged with a felony penal code violation due to the amount of money alleged here. Also, the police may decide to arrest your son to which you could post bail or hope for release on OR.

You should contact a criminal defense attorney right away. She/he can contact the detectives and/or DA, and discuss the situation before it gets filed; might prevent or negotiate the case before it hits court. If charges are filed, he will need a good lawyer to assist him. There are several charges that could be filed, all theft related. Je certainly doesn't want any felony conviction on his record if he can avoid it, and there are ways. By the way, it is a common misconception that the victim "presses charges." The government files charges (or the grand jury indicts). The victim can report the crime but it is up to the government to prosecute.

Victims do not file charges, District Attorneys file charges. The victim reports the crime to the police. If the victim reports the crime and the prosecutor files charges then the punishment can be up to three years in prison however that exposure depends on many factors including but not limited to how he stole it and his prior criminal history.

If the victim does not report it to the police and there are no other victims then your son will not be arrested and charged. If he does not pay back the money stolen and it is within the statute of limitations for theft; the victim could report this to the police and you son could be arrested and charged with a grand theft felony. If your son is paying back the stolen money the bargain with the victim should be in writing by an attorney.

Depending on the language of the agreement, This case could be defeated; otherwise, he will be prosecuted fort a felony grand theft, and if convicted, will be sentenced to state prison.

Many a criminal case can be resolved when the victim in the case is made whole. It is considered a civil compromise. Your son should ask the victim for a letter outlining how they have been made whole in every way for any amount associated with your son's actions. At least that way if charges are filed the letter will help resolve the case. Hire an attorney to speak to the victim and make arrangements for the letter.

Feel lucky that all he has to deal with a civil charge. The victim will need to cough up money to hire a lawyer to sue your son. Which means there is a good chance nothing will happen.

If the evidence is strong that your son stole the money or if he has admitted it then it is strange the D.A. hasn't filed a criminal complaint. Maybe they will. The repayment agreement is between the victim and your son. The agreement is in writing. Generally speaking, then, the victim has "settled out of court" and has no ground to sue.

The victim could file a complaint with law enforcement who might investigate. Best advice is to have him not answer any questions presented or otherwise say anything that could be used against him. Law enforcement decides whether to forward to the DA's Office for prosecution and the DA's Office decides how to proceed. A letter to the victim enclosing the $25, can simply document payment, but state something like not acknowledging any wrongdoing providing the amount allegedly taken.