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

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WhiteCollar said:
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.
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Well I wouldnt say nothing until I had MY attorney there. These officers will be your best friend to get you to talk then once you do then you can't take it back. Atleast your attorney MAY and I repeat MAY work on some sort of plea deal for you. One more thing, my public deffender was great. Good Luck and best wishes to you and keep updating.
 
Since he gas not been convicted he is cloaked in the presumption of innocence. The state must prove it's case, thanks to our Founders!


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You'd think after a year they would have enough to bring you in and question you before formally filing charges. Perhaps there is a lack of evidence which is why this has not happened. My advice would be to keep quiet and not post your confession on the internet, because yes they could get a court order to search your hard drive. If they can't put the evidence together then you are in the clear. Just my advice though because I do not condone your actions and hope you have learned your lesson.
 
Firstly, they have an overwhelming amount of evidence...it doesn't take a rocket scientist to see what I did. I am going down one way or the other. As for learning my lesson, well let's See: I was unemployed for a year with bills piling up like snow in Canada, my wife is about to leave me, I'm about to never be able to work a normal job again for the rest of my life and in only 36, and in the full year its taken them to move their ass with this I have never slept less, taken more xanax for nerves and been more miserable than ever. Home has been a prison! So, yeah...I think I have learned a lesson.
 
Antigone, I know some good public defenders too, but they only do the amount of work they are getting paid for. For every one that dutifully works like a dog for nothing, I can show you 100 who will show up on trial day and say, "ok, what were you charged with again?"
 
Ok White collar. Life is not over, it is going to change quite a bit for a while, but you will survive. If G. Gordon Liddy can be selling gold anyone can get a normal job after prison!

Take your court appointed attorney when he/she is available and work out the best deal you can.

Start thinking about how you are going to be self employed. It's the best strategy after a felony conviction.
 
ok, so what's my worst scenario???

Ok, so my last question is: What is my worst case scenario with a real crap public defender? 5 years inside? more? are they gonna throw away the key on me for my first offense on a white collar crime? lay it on me?
 
I know of a woman in Ingham County, Michigan (Lansing) Who stole $30,000. The main thing for her and I guess the victims was that she set up a reasonable payment plan so they'll get their money back.

She didn't do any jail time. She did have something like 2,000 hours community service to be done during her 5 years of probation. Monster fines, etc. She had a lawyer, however. . . From what I remember she blamed it on a gambling addiction.

And yes, she was convicted of a felony.
 
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WhiteCollar said:
Ok, so my last question is: What is my worst case scenario with a real crap public defender? 5 years inside? more? are they gonna throw away the key on me for my first offense on a white collar crime? lay it on me?
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Depends on the judge. From what I have been reading 1st time offenders get an average of 2-5 served for something like this. Noone can really tell you exactly. I would deff. get an attorney weather you pay or its court appointed before I said anything at all. Like I said before MAYBE he/she can work out some sort of plea deal where if you go in and spill your guts your lawyer has nothing to work with. Just remember my friend that life goes on and it will all be over soon. For those of us who have been there know your punishment has already started. Good luck and keep us updated.
 
The length of time to prosecution may have one of several reasons... up to and including that the business didn't want to have to post this issue in their annual report and so waited until after the end of the year.

There may also be the possibility of making sure that the evidence is securely presented by using forensic accountants and other experts that were simply not available until later and/or their investigation may have taken months.

You know where you stole... they don't... so that have to look through every transaction to make sure they have everything before they go to court.
 
Talking to detectives soon....

So, I will be speaking with detectives in the near future at my attorneys office. I am meeting with my attorney the day before to go over things. I haven't yet discussed how we will be going about this, but I am a little confused. Based on the conversation my lawyer had with me on the phone about this upcoming meeting, it appears pretty certain that I will be going in for processing afterward. If this is the case, why would I admit anything to the detectives at this meeting? Shouldn't I be pleading not guilty when I am taken before the judge? I thought meeting my attorneys office made sense, but the more I think about it, it seems like I should just go walk into the precinct and let them arrest me and shut my mouth. Just looking for a little guidance here....this is new for me and I know that I am likely in for a long road and don't to screw this up anymore than I already have!
 
WhiteCollar said:
So, I will be speaking with detectives in the near future at my attorneys office. I am meeting with my attorney the day before to go over things. I haven't yet discussed how we will be going about this, but I am a little confused. Based on the conversation my lawyer had with me on the phone about this upcoming meeting, it appears pretty certain that I will be going in for processing afterward. If this is the case, why would I admit anything to the detectives at this meeting? Shouldn't I be pleading not guilty when I am taken before the judge? I thought meeting my attorneys office made sense, but the more I think about it, it seems like I should just go walk into the precinct and let them arrest me and shut my mouth. Just looking for a little guidance here....this is new for me and I know that I am likely in for a long road and don't to screw this up anymore than I already have!
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Unless your attorney has a deal, I'd contact a bondsman and turn myself in at the local precinct.

I'd get processed into the system, and bond myself out as soon as possible.

Ask your attorney why the meeting was arranged, and if a deal has been offered.

Otherwise, do exactly what you say, REMAIN SILENT and plead NOT guilty!

Remember this, ANYTHING YOU SAY, CAN AND WILL BE USED AGAINST YOU IN A COURT OF LAW!
 
You're in New York City, dude.
NYC has real crimes and some very bad actors.
NYC offers great possibilities for you.
You'll get a reduced charge, not have to pay restitution, and never spend a day in prison or jail.
Heck, you might even get to plead to some misdemeanor.
Within 90 days, this ordeal will be over.
You'll have no felony conviction on your record, and you'll have a great job, making legal money!
 
WhiteCollar said:
So, I will be speaking with detectives in the near future at my attorneys office. I am meeting with my attorney the day before to go over things. I haven't yet discussed how we will be going about this, but I am a little confused. Based on the conversation my lawyer had with me on the phone about this upcoming meeting, it appears pretty certain that I will be going in for processing afterward. If this is the case, why would I admit anything to the detectives at this meeting? Shouldn't I be pleading not guilty when I am taken before the judge? I thought meeting my attorneys office made sense, but the more I think about it, it seems like I should just go walk into the precinct and let them arrest me and shut my mouth. Just looking for a little guidance here....this is new for me and I know that I am likely in for a long road and don't to screw this up anymore than I already have!
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Deff. dont say anything, when i went through my ordeal the detectives were joking around with me taliking about hunting one asked if I wanted to go fishing with him on my fathers pond(he lives next to my fathers farm and had fished it a couple of times years ago) anyways the two of them acted like it was no big deal and just to tell them everything right now so we can all get home to our families etc. Once I said I wanted a attorney present, One threw a clipboard and all the sudden He could not stand me. They both started cursing me, so like army said DONT SAY ANYTHING WITHOUT YOUR LAWYER THERE AND ON HIS ADVICE:no:. Good Luck to you and keep us posted.
 
The worst is almost over!

So, I met with detectives and investigators. I was brought in for processing. Central booking was a nightmare...but only 7 hours, so I cannot complain. My lawyer has finalized a deal with the DA and I meet in court next week to make it official. I got a class D felony, 5 years probation and only have to pay back about 10% of what I stole and gambled away. I feel extremely lucky, have learned a valuable lesson and am sincerely remorseful. Thank you to everyone who gave me advice and support. Much appreciated!! Now I just have to find a job that wants me...wish me luck!
 
Oh, and if anyone has any knowledge about what I can expect on probation, it would be appreciated. Can I leave NYC? leave the country? etc....Thanks!
 
WhiteCollar said:
Oh, and if anyone has any knowledge about what I can expect on probation, it would be appreciated. Can I leave NYC? leave the country? etc....Thanks!
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See, I told you that it wouldn't be as bad as you imagined.

Now, here's MORE good news!

If you mind your "P's" and "Q's", you'll get of probation in 2-3 years!

They like probationers that do exactly as they're told.

As far as leaving the city, probably.

As far as leaving the state, doubtful.

The country, you jest?

Have they taken your passport?

If they don't mention, you should say NOTHING.

Your probation officer and the court wlll give a list of what you can and can't do.

You may have a curfew, and drinking might be prohibited.

Good luck, and this too shall pass!
 
WhiteCollar said:
So, I met with detectives and investigators. I was brought in for processing. Central booking was a nightmare...but only 7 hours, so I cannot complain. My lawyer has finalized a deal with the DA and I meet in court next week to make it official. I got a class D felony, 5 years probation and only have to pay back about 10% of what I stole and gambled away. I feel extremely lucky, have learned a valuable lesson and am sincerely remorseful. Thank you to everyone who gave me advice and support. Much appreciated!! Now I just have to find a job that wants me...wish me luck!
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Just saw this, thats great and am glad the punishment was not to harsh. AS long as you learned your lesson. Take that second chance and live life.
 
Ok, so I am back after a little layoff here, but I have a question. The D.A. accepted a plea of 5 years probation and I was set to be sentenced on 4/28/10 and I thought that would be the beginning of the end. NOPE! The judge denied the probation deal because I am currently unemployed and wanted to know how I will pay restitution. My lawyer advised her that I got fired a few weeks earlier from a job I just landed in December because I had to tell them about this and that I was now on probation. The judge said I can throw him in jail now, or he can come back in June and have a job by then. So, I have a 6/23 sentencing date now and have been looking for work frantically. It's bad enough that the economy sucks, but with this it is almost impossible to find something. What can they do if I don't have a job at my 2nd sentencing date? Throw me in jail? I can't understand this. It's not my fault no one is hiring and I am applying like a madman daily! I am almost ready to tell the judge, ya know what, throw me in jail, at least i can have 3 meals and then no one gets paid the restitution and the state pays for my living expenses. i mean if they do that, it is not me who really loses, it's the tax payers and i will certainly never pay a dime when i get out if they think i'm going to pay after being jailed. I know i am bitter, but I have had enough already. I am a college graduate who made a BIG white collar mistake, but ya know what, now I understand why people do more crimes, because I am seriously close to doing just that!
 
WhiteCollar said:
Ok, so I am back after a little layoff here, but I have a question. The D.A. accepted a plea of 5 years probation and I was set to be sentenced on 4/28/10 and I thought that would be the beginning of the end. NOPE! The judge denied the probation deal because I am currently unemployed and wanted to know how I will pay restitution. My lawyer advised her that I got fired a few weeks earlier from a job I just landed in December because I had to tell them about this and that I was now on probation. The judge said I can throw him in jail now, or he can come back in June and have a job by then. So, I have a 6/23 sentencing date now and have been looking for work frantically. It's bad enough that the economy sucks, but with this it is almost impossible to find something. What can they do if I don't have a job at my 2nd sentencing date? Throw me in jail? I can't understand this. It's not my fault no one is hiring and I am applying like a madman daily! I am almost ready to tell the judge, ya know what, throw me in jail, at least i can have 3 meals and then no one gets paid the restitution and the state pays for my living expenses. i mean if they do that, it is not me who really loses, it's the tax payers and i will certainly never pay a dime when i get out if they think i'm going to pay after being jailed. I know i am bitter, but I have had enough already. I am a college graduate who made a BIG white collar mistake, but ya know what, now I understand why people do more crimes, because I am seriously close to doing just that!
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He's letting you know that you should take this seriously.

You're doing that.

So, document your job search.
Document the ones that turn you down.
Be able to prove to the court's satisfaction that you've been diligent in your search.
Spend at least 10 hours looking and applying.
If you have to, take a part-time job.
Heck, take a job flipping burgers or bagging groceries.
Just get a job and keep looking.
Do that, and you'll get probation.
The judge just wants you to know that probation is a privilege, that you earn.
Hang in there, it'll get better!
 
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