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Did I already plead guilty?

Roseville, CA |

I entered a civil Restitution agreement with a company in regards to a embezzlement incident. I have paid the amount agreed apon in full. I still have a ticket from the cop with a court date on it but I was not booked or anything. My question is by entering this agreement did I already plead guilty? I just wanted to get it over with but i still have court. When the judge asks me what do I plead am i going to have to plead guilty because i paid restitution? i admited to my job so i could get the restution agreement between them and i. I plan on bringing the civil restitution letter with me to court if that helps at all.

Attorney Answers 5


  1. The answer is no. You merely reached a private agreement with a company. The State of California was not involved or a party to the agreement.

    To plead guilty, you must do so before a judge, who before accepting your plea, will ask you about entering the plea to make sure you are doing so knowingly, intelligently and voluntarily. The judge will warn you that there may be immigration consequences to such a plea and ensure you are waiving certain rights associated with trial.


  2. I agree with Mr. Hill. You have not pled guilty of entered any agreement with the state (gov't) system. You should speak to an attorney in your area.


  3. You should never enter into a civil restitution agreement with a pending criminal case without using an attorney, ever. Your attorney could have set up the agreement so that the victim declines to seek prosecution. At this point you paid money and you still have a criminal case over your head that you will need an attorney. These are not DIY projects that you can go to Home Depot and fix yourself.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.


  4. No, You did not plead guilty. The civil agreement is completely separate from the the criminal court proceedings. You must go to court on the criminal matter. You should initially plead not guilty and have an attorney represent you. The attorney can review the police report and advise you how to proceed.


  5. You did not plead guilty. The civil restitution is completely different from the criminal matter. You still must go to court on the date indicated. If you don't show up, a warrant will likely be issued for your arrest.

    The civil restitution looks bad for you in a criminal case. But, it is not a guarantee of conviction - far from it. In a criminal case the burden is entirely on the prosecution to prove its case beyond a reasonable doubt. I recommend you immediately hire a criminal defense attorney.

    The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.

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