Yes. It is not the employer who brings the charges, it's the state. However, if the incident is not reported to the police then the DA will never become aware of the deal.

Answer Applies to: California
Replied: 9/4/2011

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Yes. It is illegal for a private contract to concern the filing or not filing of a criminal complaint. The employer may waive his civil rights to sue you for damages but not his right to report any crime to the police. However, it is up to the employer if they decide to file charges or not.

Answer Applies to: California
Replied: 9/2/2011

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Yes! This is something that should not be taken lightly. His resigning may be characterized as an admission. You should speak with an attorney ASAP.

Answer Applies to: California
Replied: 9/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Unfortunately, yes. If the employer notified the police that a theft had occurred, and a police report was made with information about how the theft happened and who was involved, then charges could be filed. This is so even though the employer indicates to an employee that if he resigns that they won't file charges. Again, the District Attorney decides whether any charges will be filed, NOT the victim. Now the D.A. could have difficulty getting the employer to testify in Court if the employer feels morally bound by his agreement with your fianc, but otherwise the D.A. and Judge can legally require them to testify.

Answer Applies to: California
Replied: 9/1/2011

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If the employer can press charges or not depends on the aggrement made with the employer.

Answer Applies to: California
Replied: 9/1/2011

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It is the prosecuting attorney that decides whether to file charges. If there is an agreement with the employer that they will not file a report with the police, then the matter would never be referred to the prosecuting attorney. The employer can still file a report but I would think that the resignation would be sufficient. If there is still a question you could offer to pay for the gas that was taken.

Answer Applies to: California
Replied: 9/1/2011

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Yes, it is possible for him to still be charged.

Answer Applies to: California
Replied: 9/1/2011

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The employer cannot "press" or "drop" charges. That decision is solely up to the prosecutor's office. Can they file a police report? Yes, but with what the employer has done (essentially threaten criminal prosecution if the money wasn't paid), it's just this side of extortion and I don't think the DA's office would take the case. But that depends on just what is in the reports and what can be proven from either side.

Answer Applies to: California
Replied: 9/1/2011

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Yes, charges can still be pursued. It is the government that prosecutes, even if the victim doesn't want to any more, or even if they never wanted to in the first place. However, if the employer pulled a fast one on your fiance by making this promise, and the employer received a financial benefit by not having to fire him (such as not having to pay your fiance unemployment), then the employer has committed an act of extortion! This can be reported to the police, but be careful because the police will want him to talk about his unlawful gas card usage. Best to get a lawyer immediately!

Answer Applies to: California
Replied: 9/1/2011

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Yes, you can be charged with theft. The decision to file charges is not up to your employer. It is up to the district attorney's office. However, the fact that your employer is not willing or contractually unable to cooperate with the prosecution will make it less likely that the district attorney will file charges.

Answer Applies to: California
Replied: 9/1/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

The simple answer to this question, unfortunately, is yes. While an employer can agree not to 'press charges,' it is not necessarily a decision for the employer to make. However, it is unlikely that criminal charges will be brought because it often requires the employer to bring the matter to the police's attention. Frequently an agreement "not to press charges," which is an idea people get from watching television and doesn't have that much to do with the way the system really works, is simply a promise not to contact the police at all. Once the police have been contacted, though, whether or not criminal charges are brought is not really the employer/victim's decision to make. Take heart; in situations like this, provided the amount of loss was not to great and can really be repaid, a good lawyer can usually work out a deal to prevent serious consequences from a prosecution if one is ever brought. I would recommend you contact an attorney for a free consultation to see if there is something more which needs to be done at the moment.

Answer Applies to: California
Replied: 9/1/2011

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Yes but highly doubtful. Most DAs would deem this a "civil compromise" and leave it alone.

Answer Applies to: California
Replied: 9/1/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Yes. What was settled is simply a "civil" matter. There can be a separate "criminal" matter which the victim has no authority to settle. That would be at the sole discretion of the prosecutor in court.

Answer Applies to: California
Replied: 9/1/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.