Is this possible?

DETAILS

My friend is being accused (not charged as of yet) with embezzlement over 40000. He has contacted a lawyer for a free consult. He was interviewed by the police two times. Now the owner of the small business says I just want my money back. He has assured him that he has talked to the detective and if the money is paid back they will not give the case to the D.A.

ANSWER

This type of situation could occur.

Clearly, the police are already involved because they interviewed your friend two times. It is always up to the District Attorney, not the police or the alleged victim, whether or not to proceed with a prosecution. So, I would be very wary of statements/promises by the alleged victim that he, ‘just wants his money back’. It may be possible to resolve the situation without a criminal case ensuing, but, I would strongly advice the retainer of a criminal defense attorney to protect your friend’s rights.

It sounds like your friend is taking the right steps in speaking with an attorney. If he/she needs additional information/advice, I also offer free consults and would be happy to review the matter.