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-   -   Current Situation (https://www.askmehelpdesk.com/showthread.php?t=288558)

  • Dec 4, 2008, 09:59 PM
    RaceVesperia
    Current Situation
    Well hi to everyone,right now I'm doing the waiting game,I am currently charged with 2nd degree felony(grand larceny 20k-100k)thing is the victim is stating there is more in there then what was found,this happened at a bank,I was working on what was suppose to be a non contract safe deposit box,but found money in it,I let temptation get to me and now I'm here in this situation.What do you think my jail time would be for this,if they rule out the jewelry/and or not.This is my first offense and I cooperated with police,that's pretty much it,

    Thanks
  • Dec 5, 2008, 07:30 AM
    JudyKayTee
    Quote:
    Originally Posted by RaceVesperia View Post
    Well hi to everyone,right now im doing the the waiting game,i am currently charged with 2nd degree felony(grand larceny 20k-100k)thing is the victim is stating there is more in there then what was found,this happened at a bank,i was working on what was suppose to be a non contract safe deposit box,but found money in it,i let temptation get to me and now im here in this situation.What do you think my jail time would be for this,if they rule out the jewelry/and or not.This is my first offense and i cooperated with police,thats pretty much it,

    thanks


    How much of the money/jewelry was recovered? What does your Attorney say about the Court climate in your area?
  • Dec 5, 2008, 08:40 AM
    excon
    Hello Race:

    Funny how things work out. You rip this guy off, then he tries to rip you off back, and the bank too. Shame on him. Bwa, ha ha ha.

    Course, they're NOT going to rule out the jewelry. They think you stole it, and as long as they think that, they don't believe you're cooperating with them fully... So, I think you're going to wind up with some jail time. How much is hard to say.

    I'd a made a deal about your sentence BEFORE I cooperated with them. Now, you have to count on their good graces... Uhhh, ain't going to happen.

    Hopefully, you have enough cash left over to hire a good criminal attorney.

    excon
  • Dec 5, 2008, 11:57 AM
    RaceVesperia
    Quote:
    Originally Posted by JudyKayTee View Post
    How much of the money/jewelry was recovered? What does your Attorney say about the Court climate in your area?
    18,000 was recovered,at the moment there is no judge in the criminal division

    excon,my attorney said there going to need hard proof that there was jewlery in the box,mainly because it's a safe deposit box and anyone can say anything was in there unless it was inventoried,but I get what your saying,there going to say I took it anyway lol,thanks for the advice,anymore would be appreciated
  • Dec 5, 2008, 03:20 PM
    JudyKayTee
    Quote:
    Originally Posted by RaceVesperia View Post
    18,000 was recovered,at the moment there is no judge in the criminal division

    excon,my attorney said there going to need hard proof that there was jewlery in the box,mainly because its a safe deposit box and anyone can say anything was in there unless it was inventoried,but i get what your saying,there going to say i took it anyway lol,thanks for the advice,anymore would be appreciated


    I'm sure your Attorney knows what's going on a lot better than I do and very possibly the owner of the safe deposit box is trying to enrich himself/herself but I would think the Court would view this as if you were capable of stealing the money, you were capable of stealing the jewelry and lying about it. If no jewelry was recovered (because it never existed, because the owner hid it, because you sold it) and the owner files a false Police and insurance claim, he/she has problems of his/her own.
  • Dec 5, 2008, 04:24 PM
    RaceVesperia
    Quote:
    Originally Posted by JudyKayTee View Post
    I'm sure your Attorney knows what's going on a lot better than I do and very possibly the owner of the safe deposit box is trying to enrich himself/herself but I would think the Court would view this as if you were capable of stealing the money, you were capable of stealing the jewelry and lying about it. If no jewelry was recovered (because it never existed, because the owner hid it, because you sold it) and the owner files a false Police and insurance claim, he/she has problems of his/her own.
    Yea,well at the moment,my attorney just wrote the state attorney because the cops did'nt read me my rights,they said they needed me to come in for a statement and then from there they held me against my will and had a cop guard the room I was in,then after being accused they read me my rights,I never signed a written confession or anything like that and there only going off what the cops said,my lawyer says they need to physically see me removing the jewelry out of the box,if not then its questionable
  • Dec 5, 2008, 06:23 PM
    JudyKayTee
    Quote:
    Originally Posted by RaceVesperia View Post
    yea,well at the moment,my attorney just wrote the state attorney because the cops did'nt read me my rights,they said they needed me to come in for a statement and then from there they held me against my will and had a cop guard the room i was in,then after being accused they read me my rights,i never signed a written confession or anything like that and there only going off what the cops said,my lawyer says they need to physically see me removing the jewelry out of the box,if not then its questionable

    So you are going to get away with it?
  • Dec 5, 2008, 09:35 PM
    RaceVesperia
    Quote:
    Originally Posted by JudyKayTee View Post
    So you are going to get away with it?
    No,they got me on the money part,but the jewelry is what's up in the air,along with how the cops brought me in,I wish I could get away with it,it was the dumbest thing I have ever done in my life and I can't even sleep because I can't believe I was so dumb to do it,I just don't want to go to jail,I rather just be on probation and bust my to pay restitution,that's what I'm hoping for
  • Dec 5, 2008, 10:25 PM
    Fr_Chuck

    Ok, as far as the rights, you are not ead your rights when arrested but given them before they question you. If they did not read him the rights at all, all that happens, the evidence he told them can't be used, but I am sure there is plenty of other evidence without what he said.

    And as for as the other items there not being a judge does not stop you from doing a plea bargain that is done with the DA office.
  • Dec 6, 2008, 01:26 AM
    RaceVesperia
    Quote:
    Originally Posted by Fr_Chuck View Post
    Ok, as far as the rights, you are not ead your rights when arrested but given them before they question you. If they did not read him the rights at all, all that happens, the evidence he told them can't be used, but I am sure there is plenty of other evidence without what he said.

    And as for as the other items there not being a judge does not stop you from doing a plea bargain that is done with the DA office.
    Yea,well they have to wait for the discovery package and are in the process of doing the deposition.the jewellery is an issue because that is guranteeing me jail time.just waiting is no fun

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