Fraud, Embezzlement, Bad Checks ok i have a question, please anyone help!

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mhopcroft

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Ok, back in May my husband was working at a convient store and he took 50 dollars in lottery tickets & that was it, Well the manager seen him do it on tape, called the police & the officer wrote him a misdemenor citiation and let him go, the cop even viewed the tape, Well on June 6th he went to court & when the judge asked him if he wanted a public defender, the proscuter stood up & said there was over $500 missing and that it would now be a felony, so the judge gave him a lawyer, Well, now that they are trying to say felony, we hired a lawyer, so on July 18th he went back to court, the manager of the store didn't even bring the tape, so the lawyer asked him if he could get it by the next court date which was set for Aug 25th, which he didn't have to go because another case for the lawyer came up, so anyway it is now for Tues Oct 4th. in Session's court.
What we are afraid of is will the DA have my husband indicted & arrested to be held as a felon until a trail date? I mean it has been 5 months ago & he has gotten in no trouble, tried to leave state or nothing!
I mean it was a simple misdemenor & now over $500? Apparently the DA is saying that it was $467 in tickets & $500 cash, now on the video it will show him getting some tickets, but he didn't take what they are trying to say, the store manager did say we would suffer for what he did!
also the 3rd shift guy that came in to relieve my husband is seen locking the front door to the store & climbing out the window in the middle of the night & never showed back up!
What are the chances of my husband getting indicted? and if he does will he have a bail set because he hasn't been sentenced yet?
and I don't understand why they would "forget" to bring the viseo tape with the "evidence"
I am scared to death, oh also in the state of Virginia 7 1/2 years ago he spent a year in jail for credit card fraud & served 5 yrs probabtion, which he violated & came to visit his mom in Tn without asking for permission, so in 2002 he spent 6 months in jail, & completed his probation & got it over with, I mean other the VOP he has been in NO trouble, has no record for the state of tennessee at all, he is a good guy, and his only reason for the lottery tickets was he was trying to win some money to get us some groceries, he thought if he won that he would pay for his tickets & keep what he won.
Please I am scared to death! please help!
 
These are all questions you should ask your attorney.

Since we don't know the evidence, we cannot answer if this will be enough for an indictment or not. But if the judge feels that there is a probability that a crime was committed, he will probably bind the accused over for trial and then usually in a case like this bail is being set, or may be the accused is even let go on his own recognizance. Discuss this with your attorney and be ready to bail him out if bail is set. And remember, the burden of proof is much lower in a preliminary hearing than in an actual trial, so that being indicted or bound over does not mean that someone will be convicted, too.
 
well he isn't even in jail right now, he never even got taken to jail over this, but could the judge take him to jail & set a bail?
 
heya

I would think without the videotape, it'd be hard to prove. Did your husband have any of the evidence on him? He could be charged with embezzlement. Let me know what has transpired since October.
 
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