Shoplifting, Larceny, Robbery, Theft Employment check forgery

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droeyk

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I wrote checks out to myself in the amount ($6,500) and cash them. I left employment in September. Employer filed police report in January. Detectives showed up at my home, but was at work. I called detective to meet them at police station on Monday. My former employer called and asked for all money back and will drop police charges. I meet my former employer on Wednesday and gave him $7,000 cash and had him sign that he actknowledge receipt of cash. He sent an email and cc me to detective I returned all $. I went to police station where I was arrested. I went downtown Manhattan for processing. At arraignment, I was released with ROR. I am waiting for my court date in April.

This is my first offense. I never been arrested. The DA was sent a copy of receipt showing money was returned.

What can happen now? If the crime is charged as misdeamnor, how do it affect my record? Can my record be explunged or seal in state of NY?

Thank you.
 
NEVER NEVER NEVER talk to the police without an attorney.

Returning the money did not erase the fact you stole it. Returning it will help your case, but doesn't mean that the police can not arrest you for it.

Due to the dollar amount, I would assume it would be considered a felony.
 
Until you have a conviction, you have no record.
You should seek the advice of counsel immediately.
You are at severe risk of a serious conviction, until a lawyer is representing you.
You have made two mistakes so far.
One returned $7,000 cash on a $6,500 amount alleged to be stolen.
You have nothing but an email that indicates your employer will not prosecute.
Yet, you did get arrested.
If you get a good lawyer, you can plead to a misdemeanor and get a deferred adjudication.
Get that, do that, and presto; this thing disappears.
Get a lawyer and sin no more, my child.
 
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Yep... your employer has essentially released you from civil liability since you returned the money, but the DA can still prosecute the offense.
If this is a situation where multiple checks for a small amount added up to $6500, then you may have bunch of misdemeanors. If they were large checks, then you could have a couple felony charges... basically each check is a new offense.
Since you have already made good on the damages, you can probably work to get the felony charges reduced to a misdemeanor and avoid any jail time. You do need a lawyer to work out the details.
 
One final thought, the acceptance by your former employer of the $7k payment, could be said to have compromised any potential criminal prosecution. Prosecutors don't like to be used as collection agencies. Juries don't favor such tactics, either. Either way, giving back the money serves you well. Being in a large metropolitan area, with bigger fish to catch, diminshes your crime's impact. In other words, people in your area steal hundreds of thousands, versus a couple of thousands.


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It was 3 checks total $6500, i do have an attorney he is waiting to hear back brom the DA office, i'm hoping that i won't have to go to court in April.
 
Lets hope so, i currently work in the banking industries do i need to tell my job about this or not? they already did my background check week before all of this happen.
 
When your current banking employer finds out, - and they will - , expect to be no longer working in the banking industry.
 
army judge said:
One final thought, the acceptance by your former employer of the $7k payment, could be said to have compromised any potential criminal prosecution. Prosecutors don't like to be used as collection agencies. Juries don't favor such tactics, either. Either way, giving back the money serves you well. Being in a large metropolitan area, with bigger fish to catch, diminshes your crime's impact. In other words, people in your area steal hundreds of thousands, versus a couple of thousands.


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how does this affect my current employer?
 
If you go to them voluntarily and offer this information, there is a *slight* chance that you will not be fired immediately.

If you do not, and they find out later by themselves, there is no chance at all that you won't be fired immediately.
 
droeyk said:
how does this affect my current employer?
Click to expand...
If your lawyer negotiates a good deal, this thing will be gone. Patience, patience, patience...you're at the mercy of others now. You must wait it out. More than likely, nothing more will come of this, because you paid back the former employer. If that happens, your record will remain clear of any convictions!
 
droeyk said:
should i tell them about it?
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If they do not run annual background checks you will be fine. I would not say a thing about this until AFTER the issue has been resolved in court.
 
Working for banks require you are bonded ( you should know this) so YES they will run annual checks-- you MAY lose your bond, if that is the case you will no longer be able to work in the banking field. You need to talk to an attorney ASAP and ask them about your bond. The Insurance companies research their insured all of the time, sooner or later it will pop up.
 
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