Shoplifting, Larceny, Robbery, Theft Embezzled 80k, no priors...What now?

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WhiteCollar

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I don't know if embezzlement is the correct term or if grand larceny is more appropriate. I have no prior record at all, but I dug myself a big hole over a couple of years and thought I could get out of it by taking money from my employer, slowly but surely over a 2 year period. I worked for a large insurance company and I had the authority to issue checks...30 or more of which I issued over those 2 years, ranging from a couple of hundred dollars to some over 5 or 6k. In total, I apparently wrote out about 80k worth...certainly doesn't seem like it now, as I have nothing to show for it accept a pending arrest and the possibility of saying goodbye to my wife for a while. I have no prior record and I am hoping I don't have to do time, or if I do I am hoping it will be less than a couple of years. I know there is an investigation currently underway, but I have not been called yet. Is there any hope for me at all, or am I going to spend the rest of my better days behind bars? I am 36 years old and I made terrible mistakes as a result of gambling and other poor choices. Any advice would be helpful. Thanks!:(
 
It will most certainly carry a prison sentence. There are things that can be done to minimize it, but you won't be able to get around it. Your age and priors won't help you much in this case... in most jurisdictions it only takes 300-500 dollars to get into the felony range and you went WAY beyond that.
If you are super lucky then the investigation won't turn anything up against you.... but be careful telling any lies... depending on what you say and who you tell them too it will just compound the mess. You can always consult an attorney before talking to anyone.
 
If you are serious about being proactive about this then GO GET AN ATTORNEY NOW. Tell the attorney everything and set him/her out to got to the investigators and work out a surrender. Your best bet is to just come clean before they arrest you. Get your attorney to contact your company and work out a repayment plan. Obviously they are going to fire you, but if you are quickly proactive you may avoid jail time all together.

The company is going to want to account for all the missing money. Your cooperation will be helpful in doing that.

Get an attorney now. You won't regret it.
 
Ok, I wasn't clear on all the details. I was fired for this a year ago. They called me in and I didn't answer any questions so they were forced to fire me for not cooperating with the investigation. There are two other parties involved, not employees. They have been contacted by detectives once each but neither has spoken to a detective in person. It has taken them a year to get the ball rolling...not sure why so long. I don't think the company cares so much about the money...I mean I am sure they want it, but this is more an issue becuase the ainsurance dept is involved.
Am I looking at serious time here like 10 or more years as a first timer or only a year or two?...don't get me wrong, 2 years would suck....10 means I am in the lam....quickly!
 
Talk to an attorney immediately. Ask what your legal options are and do not admit any guilt. If you admit guilt, attorneys can't represent you as zealously as you might wish. Seek the advice of counsel, for your benefit.


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Yes, there is hope for you. But, if you abscond, you seal your fate and dire consequences will befall you. You can't beat being a fugitive. You can overcome your present circumstances, however.

Besides, you claim poverty, you won't get far being broke.


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I have no intention on running from the law. I do have an attorney already, but at this point there hasn't been anything for him to really do, as no law enforcement has contacted me or him. I understand that no one can give me anything set in stone here, but I just really want to know if there was any real hope of only getting probabtion, or is jail time mandatory...and if so, how much jail time is realistic to expect??? I have read about so many people who have stolen much more money and they only got 5 years probation. My lawyer tells me that is my best case scenario, but I get the impression that he doesn't really see that as realistic....or maybe I am just paranoid. I know I have to pay for my mistakes and I am willing to do that. However, everyone knows that our criminal justice system often hands down punishments that do not fit the crime. I have no intention of rotting in jail for 20 years over $80K....I would bite a bullet before that. If it was 1-3 years I could cope and get over it and move on with my life. The average murderer in this country is out in 5 years for chrissakes!
 
My best guess us that with no priors you'll get probation and maybe even a deferred adjudication. If your former employer is reluctant to help prosecute you, you might escape any legal liabilities. Just continue to remain clam and say nothing to anyone but your lawyer. You might get a couple or three years probation and a pass. It depends on your jurisdiction. For some reason I thought it was AZ. What state and city do you reside? If it's a New York or Chicago type locale, you'll definitely get probation!


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the average murderer is not out in 5 years. . .

You'll be sentenced to a huge amount of community service, at the least,
and they'll want some kind of plan as to how you can repay what you stole.
 
will it, or shall I say could it help his case if he was a drug addict? I know here in virginia a friend of a friend stole about 30,000 from his company and he was hooked on prescription drugs. I know he had to go to rehab (he did this on his own on advice from his lawyer). He still got a 20 year sentence but he only had to pull 18 months. Just wondering If that makes a difference or not..... By the way white collar I know its easy for me to say calm down being Im not the one in your situation. But I was facing some serious time for stealing electricity(5 years) and I thought the D.A. had me dead to rights and my court appointed lawyer got me off with a misd. he tried to work on a plea deal but the D.A laughed and said no way we got him...well I choose a trial by judge because i live in a smaller town and knew that a jury here would prob convict me and the judge found me not guilty of the felony and guilty of a misd. so never give up hope, we live in a gr8 country where you are innocent until proven guilty BEYOND A REASONABLE DOUBT!
 
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It should also be pointed out that there may be more than one felony charge involved.

Nothing says that the company has to look at the entire theft as a single charge.

You could and, for that matter, probably should be charged for each theft as a separate crime.

you didn't commit a single crime... you committed DOZENS.
 
cyjeff said:
It should also be pointed out that there may be more than one felony charge involved.

Nothing says that the company has to look at the entire theft as a single charge.

You could and, for that matter, probably should be charged for each theft as a separate crime.

you didn't commit a single crime... you committed DOZENS.
Click to expand...


Very true since he said he wrote dozens of checks... still hang in there
 
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It is very likely that I will be looking at multiple felony charges. I realize that. Unfortunately for me, I have a very addictive personality and have obsessive/compulsive tendencies since childhood and have been on medication for them for about 10 years. Now I am not saying that this makes it right or even using it as an excuse, because I know that I have to man up to what I did. I can only hope now that someone will have a little mercy on me. As far as restitution, I am not sure what they are going to plan on getting from me. I have no assets, no home, nothing....and I have a shit job now making crap money that I will likely lose once I am arrested. I can also assume it will be near impossible to get another decent job for the rest of my life, so how the hell am I going to pay anyone back? The money that was taken was blown on gambling, drugs, etc....I am a mess....and so is my life! Happy New Year to all and thanks for the advice guys.
 
And one more question: I am in NYC....what should my defense costs be for something like this? On average.....5k? 10k?...50k?....what the hell am I looking at here?
 
5-10k if you don't go to trial, 15-30k if you do.

Your attorney does not have to wait until you are contacted by investigators. Especially if you know that the investigation is going on. If I was your attorney I would contact the legal department of the business and have them refer me to anyone investigating the crime. It's not hard to get a hold of them if they are investigating a crime. Just do as we said and you will have the best shot at not doing jail time. Contact an attorney and get the attorney to contact whoever is doing the investigation NOW and you can be in control of the process instead of being drug around by it.

I would put some assets away where they can't be traced to you so that you can pay for your defense. It is possible, even likely that they will try to freeze what you have for restitution.
 
Ok, so now I have a date for detectives to meet me at my attorneys office for questions and probably for me to go in for processing. They were very pleased to hear I was cooperating. My question now is in regard to my representation. My current unofficial attorney is a relative. He knows I have very little money and told me I may be better off with a public defender. If I go the public defender route, will I be screwed royally or will I get a decent defense? I am in NYC.
 
OMG, your relative wants you to take a court appointed attorney? Damn he wants to throw you to the wolves like that? You need to pay your unofficial attorney something to establish an attorney client relationship. Get him to handle things until there is a charge, then I suppose you can get a court appointed attorney but I would try to get him to negotiate things out for you before you do.
 
jharris352 said:
OMG, your relative wants you to take a court appointed attorney? Damn he wants to throw you to the wolves like that? You need to pay your unofficial attorney something to establish an attorney client relationship. Get him to handle things until there is a charge, then I suppose you can get a court appointed attorney but I would try to get him to negotiate things out for you before you do.
Click to expand...

:eek: I know some pretty darn good public defenders, Jharris...what's up with that:no:
 
yah, problem is if that the relative is an expert in a different field. Like family law. Property law, etc., and has no clue about criminal law. In that case, I'd "roll the dice" and get a public defender.

Some are good. Some are ##$ awful.
 
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