i attempted to steal (less than 300) from my employer and was promptly caught. i made a deal with tbe former employer who said they wouldnt ...

Question

i attempted to steal (less than 300) from my employer and was promptly caught. i made a deal with tbe former employer who said they wouldnt prosecute if i attended counseling and got help which i did. I have this in writing. they filed charges anyway and now im being prosecuted. is this a legal defense? didnt we already to an agreement?

Answer

It may be a fact that assists your attorney, to get your case resolved positively for you. Make sure you get a good attorney......your entire future may depend upon it. I wish you well... David Wallin

Answer

Your agreement isn't technically binding on any decision re: the filing of criminal charges. Your attorney certainly may use that to your advantage in trying to resolve your case without a conviction. This is NOT a do it yourself project however. You'll need a good local criminal defense attorney that routinely practices in te court where your case is filed.

Answer

It is not a defense to the criminal charges. Your attorney, however, may be able to use the agreement to effect what is known as a civil resolution.

If a defendant reimburses a victim prior to a California jury trial, the judge under certain circumstances may allow the parties to participate in what is known as a civil compromise. (Pen. Code, sect. 1377.)

If the victim of a misdemeanor offense acknowledges that he/she has received satisfaction for his/her injuries, the court may release the defendant from criminal liability and prevent the prosecution from re-filing charges for the same offense. (Pen. Code, sect. 1388.)