Require Letter of Non-Prosecution?

[dspratlin]

What is the name of your state (only U.S. law)? Georgia

To all: I am not looking for a lecture on how I did wrong. I know that. I am looking for LEGAL ADVICE, not my mother. If you cannot provide advice, please move on.

The situation: I stole from my employer. I got caught. I admitted to it. I have the money taken and have been working with the head of corporate security to return it.

The question: He has told me that he will not pursue criminal charges and will handle the matter internally. However, he has cautioned me that those higher up could make him pursue criminal charges. My question is this: Can I (or, rather, should I) ask for a signed letter from the company stating that I am returning all the money stolen in return for their agreement not to pursue charges now or in the future? Is this legal? Is this advisable?

Thank you for your time.

 

[Proserpina]

(Heck of an introduction, non?)


It's actually the DA who decides whether or not charges be filed. Now, if there is no report made in the first place, obviously nothing will happen.

The store doesn't have any incentive to make any sort of promise. Why would they?

 

[cbg]

It is legal for you to ask. It is not advisable, and since the employer is not the one who makes the decisions as to whether charges will be filed or not, even if they gave you such a letter it is not binding on the DA.

You're in deep enough trouble as it is. You're not in any position to be asking for concessions. Keep your mouth shut and don't dig the hole any deeper.

 

[latigo]

What is the name of your state (only U.S. law)? Georgia

To all: I am not looking for a lecture on how I did wrong. I know that. I am looking for LEGAL ADVICE, not my mother. If you cannot provide advice, please move on.

The situation: I stole from my employer. I got caught. I admitted to it. I have the money taken and have been working with the head of corporate security to return it.

The question: He has told me that he will not pursue criminal charges and will handle the matter internally. However, he has cautioned me that those higher up could make him pursue criminal charges. My question is this: Can I (or, rather, should I) ask for a signed letter from the company stating that I am returning all the money stolen in return for their agreement not to pursue charges now or in the future? Is this legal? Is this advisable?

Thank you for your time.

Now there is novel bit of presumptuous creativity!

Yet it seems to overlook the long established principal of criminal law that crimes committed within a given state are deemed to have been committed against the people of that state.

And although the victim's cooperation in the criminal process is usually required, if not demanded, it is not always necessary. Nor would the state be bound by any such a proposed agreement. Nor would the victim be bound by any such agreement as it would be summarily rejected as against public policy!

Just out of curiosity though, what would be plan "B"?

 

[Ohiogal]

Now there is novel bit of presumptuous creativity!

Yet it seems to overlook the long established principal of criminal law that crimes committed within a given state are deemed to have been committed against the people of that state.

And although the victim's cooperation in the criminal process is usually required, if not demanded, it is not always necessary. Nor would the state be bound by any such a proposed agreement.

Just out of curiosity though, what would be plan "B"?

Plan B is to throw a tantrum because no one told him to get out of being prosecuted for being a thief.

 

[quincy]

Plan B is to throw a tantrum because no one told him to get out of being prosecuted for being a thief.

Plan B is probably to go home to his mother (who will no doubt slap him upside the head for not following her advice to not steal).

 

[TigerD]

Plan B is probably to go home to his mother (who will no doubt slap him upside the head for not following her advice to not steal).

If Mommy slapped him upside the head when he needed it, he might not have turned into a thief.

DC

 

[PaulMass]

Can I (or, rather, should I) ask for a signed letter from the company stating that I am returning all the money stolen in return for their agreement not to pursue charges now or in the future? Is this legal? Is this advisable?

There would be no point.

Any such agreement would not be binding on the company. You are already obligated to return their money, so you are not offering to do something in return for their agreement that you are not already obligated to do.

In legal terms, the contract would lack consideration.

It's somewhat interesting that seven people took the time to bash you, without mentioning this.

 

[quincy]

There would be no point.

Any such agreement would not be binding on the company. You are already obligated to return their money, so you are not offering to do something in return for their agreement that you are not already obligated to do.

In legal terms, the contract would lack consideration.

It's somewhat interesting that seven people took the time to bash you, without mentioning this.

It's somewhat interesting that you didn't read what was previously written, PaulMass.

As an aside, and for your continuing education, much more than consideration ("in legal terms") is required for a contract to be enforceable (and "the fact that a rule of law renders a promise voidable or unenforceable does not prevent it from being consideration" - Restatement (Second) of Contracts §78).

 

[tranquility]

While there could be an argument regarding consideration, (Just because he has a legal duty to return the money, it could be said returning it NOW, is consideration.) it certainly is a good point. I am uncertain as to how he erred by bringing it up.

 

[quincy]

I have no idea when attacks by "new posters" on "senior members" started, or when it was that "new posters" started thinking it smart to come to this forum demanding advice and expecting the volunteers to bow to their every wish and whim, but I seriously think it is about time it ended.

 

[TigerD]

Hmmm. You have spent time reviewing my early posts? That is somewhat interesting, too.

I have also reviewed many of quincy's posts. Wisdom and knowledge are valuable where ever they are found. More posters would serve themselves well by reviewing previous posts on a subject before posting.

DC

 

[quincy]

While there could be an argument regarding consideration, (Just because he has a legal duty to return the money, it could be said returning it NOW, is consideration.) it certainly is a good point. I am uncertain as to how he erred by bringing it up.

I think dspratlin might want to try to resolve the issue with his employer before police are involved (if they aren't already). It doesn't appear he has anything to lose by trying.




(Thanks, DC. )

 

[tranquility]

I think dspratlin might want to try to resolve the issue with his employer before police are involved (if they aren't already). It doesn't appear he has anything to lose by trying.




(Thanks, DC. )

I agree. But, I believe PaulMass' point was that even if he did try to resolve things with the employer AND the employer provided this "Letter of Non-Prosecution" the OP desires, such an agreement might very well be unenforceable and would provide the OP with little protection.

 

[Proserpina]

I agree. But, I believe PaulMass' point was that even if he did try to resolve things with the employer AND the employer provided this "Letter of Non-Prosecution" the OP desires, such an agreement might very well be unenforceable and would provide the OP with little protection.

I thought latigo addressed it rather well, actually, before PaulMass decided to insult some rather splendid contributors.