I was charged with embezzlement and was sentenced to probation. I agree to pay back all the money that was stolen, but will I have to pay more for the civil charge?
I do both civil and criminal practice in California. The order for restitution does not foreclose the victim from suing. The victim may not wish to wait years to be paid, and with a civil judgment there is no such requirement. They can execute on assets. Also, in a civil action, additional damages (like punitive damages) can be awarded, unlike criminal restitution orders. But you cannot be made to pay back the embezzled funds twice. You get credit for what you have already paid back.
A criminal disposition and sentence (even one that sets restitution as a condition) does not act to stop the victim from filing a civil suit. On the other hand, a person cannot collect on the same debt twice. If a civil suit is filed, check with your defense lawyer to determine what the claims are, and whether the restitution you are already making vitiates any part of the civil action. Good luck.
Disclaimer
This information is offered for informational purposes only, as I do not practice law in your State. It is not intended as legal advice and you should not rely upon it to decide how to resolve this issue. No Attorney-Client relationship is intended or established by this response. You are faced with a situation where you need to consult with an experienced defense lawyer admitted to practice law in your State before you make any decisions as to how to resolve this issue.
Civil damages are broader than criminal restitution. You can be hit on both ends. Plus, a felony conviction means that the lawyer suing you in civil court gets his/her fees paid by you in addition to what he collects. Intentional wrongful conduct will allow for a recovery of punitive (punishment) damages in excess of the actual loss caused.
