Can you accept being arrested, charged with theft (depending on the amount possibly grand theft), going to jail and having a criminal record?
Well, I must respectfully disagree with that panic invoking theory. The sky ain’t about to fall on the OP! Why?
Because it is patently clear that the former employer is not treating the cashing of the second check as a criminal conversion, but as money due and owing for which demands for payment are being made.
If anyone believes that after 18 months the employer can now go to the local district attorney and demand that criminal charges be filed and thus use the DA’s office as a bill collector, they’ve had scarce practical experience in the practice of criminal law – prosecuting or defending would-be criminals.
Moreover, even had the employer approached the DA in a timely fashion before having made demands for payment and thus treating the incident as a debt, there is a serious question that the prosecution could prove the necessary element of scienter.
Sure the OP admits to us that he reasoned that the check was issued in error and knowingly cashed it.
But his defense attorney wouldn’t permit him to do make such an admission of criminal intent and for two basic reasons:
(1) He cannot be required to do so, and
(2) The OP was not privy to possible severance policy changes and thus has no actual knowledge that the check was in fact issued in error.
And the DA knows this as well as the defense attorney.