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former employer filed estafa case at office of the city prosecutor

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Arresto Menor
Hi atty! I hope you could answer my concern. I misappropriated company funds which led to my termination but i was able to pay my previous employer at least 350T and my obligation should now be around 200T. After several months, i received a letter from their legal department. I replied to this letter asking for more time but i did not get any feedback. pinabayaan ko na lang muna kasi wala din po akong trabaho and naghahanap pa. last January, nakakuha po ako ng NBI clearance and i thought baka d na nag-file ng case. kaso lang kahapon my mother received a letter addressed to me from the office of the city prosecutor na nag-file na ng complaint ang former employer ko po. tumawag ako agad sa HR ng former employer ko and asked if i could still have a compromise agreement. sabi sa akin, i could send a formal letter and state my terms of payment.

question lang po, if sa company ko po ako mkkipag-usap, what will be my reply to the city prosecutor?

malaki pa po yung balance ko and i cannot repay them in 10 days time.

another question po, if the case pursues and i file a bail, can i file a probation while still on bail?

will the probation, in any way, allow me not to serve jail time?

thank you po. wala pa po akong pera to consult a lawyer regarding this.

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Reclusion Perpetua
before probation dapat may conviction or sentence of judgment and probation would only be granted and the effect of such is the suspension of execution of the judgment even if you appeal. you should go as early as possible sa office of the prosecutor to settle para hindi ka masampahan ng information. pag naisampa na ung information, wala ka nang magagawa kundi pagtanggol ka ng lawyer. although bail and probation allow you to get out of jail, they are different. probation is granted after conviction and no need to post any bond. bail is granted before conviction and you need to post the bond for your temporary release.

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Arresto Menor
thanks so much..m really trying hard to settle para wala ng case..sana we could come to terms.

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