So my mother-in-law owns her own realty business and had this secretary who has embezzled two hundred thousand dollars. They received the final amount a couple of months ago. Now it's been a year since this whole investigation and DA had started all this and yet this woman is still working for a mortgage company (nothing to do with mother-in-law's company). Last month they told my motherinlaw that they were going to arrest the former secretary... Never happened. SO she called the DA and asked when they were going to arrest her they told her that they are having a hard time getting a grand jury. Now I figured after they found out her huge amount, they would arrest her right away, why haven't they? THey have not done anything, not even questioning the secretary, taking her in, NOTHING.
Now they live in a small town where authorities don't do much of what they are supposed to do, EVER. So what is going on? Why can't they arrest her now, I think that is enough to arrest her. Do they really need to have a grand jury together before they can arrest her? My motherinlaw wants to receive her restitution eventually and the way these people are going she's never going to get it. BTW I live in the US

They have all the evidence together and are not investigating anymore...

There are normally sitting grand juries in all areas, The DA has to present this to the grand jury to get them to indict the person

The thief is the DA's mother?

Wondergirl no...

I grew up in a town of 500 people. Everyone was someone's cousin--aunt---uncle---mother. Are the DA and the thief related?

Hello Becca:

Your mother-in-law can file a lawsuit against this woman anytime she wants. She'd better not wait or she might not be able to.

excon

excon, she already did. She's waiting for them to arrest the secretary, a year later...

Hello again, Becca:

You DO understand that civil and criminal charges are NOT the same, don't you? She wouldn't be arrested due to civil charges...

excon

Yes I DO understand the difference. She is pressing criminal charges. The DA promised my motherinlaw that the secretary will be in prison for at least two years.

Ditto what excon said. Start civil proceedings against her. They need more evidence to convict on a criminal charge than you do to prevail in a civil charge.

They have two hundred thousand dollars worth of evidence. They are finished investigating, they are finished getting the evidence, everything is put together, they told my motherinlaw the secretary was to be arrested last month. Everything is set to go.they are saying they cannot arrest her because they claim they are having a hard time getting a grand jury. THis is criminal charges.

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Originally Posted by Becca1025

Yes I DO understand the difference. She is pressing criminal charges.

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Hello again, Becca:

IF you do, then you aren't using language that indicates it.

SHE doesn't press criminal charges. SHE has nothing to do with criminal charges (other than to have reported the crime). SHE can't force the DA to do anything..

On the other hand, SHE presses civil charges with her own attorney, and the DA has NOTHING to do with that.

Furthermore, it appears that your mother-in-law is cutting off her nose to spite her face. It's true, a criminal court can award restitution, and probably will. But, this lady won't be able to pay if she's in the slam. I don't know about you, but I'd rather have my money back than have the perp in jail. But, that's just me.

excon

Obviously the DA is pressing criminal charges. The DA promised her that the secretary will be in jail for at least two years, then she will pay restitution after. My motherinlaw understands that and is fine with it. SHE wants the secretary to go to jail for some time with all those lovely inmates, whom I'm sure the secretary will have TONS of fun with. That way the secretary hopefully learns her lesson (finally since she has embezzeled money from other people but those people are not doing anything about it). So back to my question, do they really need a grandjury together before they can arrest the secretary??

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Originally Posted by Becca1025

they are saying they cannot arrest her because they claim they are having a hard time getting a grand jury.

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Hello again, Becca:

To further clarify, there are two ways that criminal charges can be brought. One is an indictment from a grand jury. The other is an indictment by "complaint & information". Grand juries are used when there's no complaint or there's a doubt about the charges.

This DA is diddling your mother-in-law. That isn't surprising. DA's ain't wonderful people. Besides, HE doesn't represent your mother-in-law. IF she had an attorney, he'd be telling her this.

excon

That sucks... it'll probably take another year until they pull their heads out of their asses, by then secretary will probably leave state or country... then it'll take even longer. Yeah that small town is not the best place in the world when it comes to things like this

The DA is usually an elected position. When does he come up for re-election? It would appear from what you have said, that the DA would have no problem getting an indictment, so there has to be a reason why he hasn't.

Have your MIL tell him she support his opponent in the next election if he doesn't get off the stick and do his job.

Have you tried taking your complaints to your local media? We have a local TV station that does "10 on your side" stuff that will bring attention to officials who sit on their hands.