Hi I need some advice. I have been talking to Criminal Lawyers to seek for advice, and all of them are telling me that I might get charged restitution and probation or even community service. I am cool if that happens. I don't have the money to afford a lawyer so I don't know what I should do and happen to me. I have went to a Public Defenders office if I need to obtain a Public Defender I have to plea not guilty. I have totalled $3,700.00 that I have took, but I know it's less than $5,000.00. I am willing to pay the whole thing off just for me not to go to jail, and not get a felony charge under my name. I know I have made this mistake. I am willing to pay everything off with my tax return but I cannot file it because the employer that I stole from has not sent me my w-2.. Does that affect my w-2 if I have a case with them? That is the only way I can pay them back in full... please help me any advice will help me a lot... thank you

By law your employer HAS to send you a W2 form. It has been posted before that if you take your last pay stub for 2008 to a tax preparer a return can be filed on that basis.

Otherwise your criminal Attorney is the best person to give you advice. Paying them back may very well not change the criminal circumstances and you may still have a record, particularly if you are viewed as returning the money only because you got caught.

You might have to do some jail time and the rest on probation with some community service in addition to restitution. Just paying the money back does not let you off the hook with the state for doing the crime.

Really? OMG I really don't want to go to jail... there is no other way like restitution and probation or community service?

I don't know anyone who actually wants to go to jail. Only a Judge knows what the sentence will be and that is determined by the skill of your Attorney, the tenacity of the Prosecutor, how serious your employer is, your past record, the climate of the Court in your area.

From your side of things - what do you think is an appropriate punishment for stealing the $3700 that you admit to?

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Originally Posted by jmdm_21

really?? OMG i really dont want to go to jail... there is no other way like restitution and probation or community service??

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Somehow I'm getting the mentality of you think this is a shoplifting crime in that if you give the merchandise back you won't be punished for taking it. Does not work that way. Do not, I repeat, do not think that you can totally escape any jail time for this. You could get as little as 30 days in jail and fine, probation and community service on top of that. We have no idea how upset your company is at you for taking this and we have no idea just how good or not your attorney is either. And if you are using the PD's office as an attorney, please don't think they'll be Perry Mason in the courtroom as you did take the money, didn't you?

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Originally Posted by JudyKayTee

I don't know anyone who actually wants to go to jail. Only a Judge knows what the sentence will be and that is determined by the skill of your Attorney, the tenacity of the Prosecutor, how serious your employer is, your past record, the climate of the Court in your area.

From your side of things - what do you think is an appropriate punishment for stealing the $3700 that you admit to?

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I don't know... probation, or community service and restitiution... I don't know... I'm just afraid to lose my job right now and my son.. I'm head of household and my job is the only income that comes in to provide for my family... :(

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Originally Posted by jmdm_21

i dunno.... probation, or community service and restitiution... i dunno... im just afraid to lose my job right now and my son.. im head of household and my job is the only income that comes in to provide for my family... :(

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Well, I guess your wife will have to get a job if you do go to jail. You should start looking for arrangements for you son to be safe just in case you do go to jail and you have no wife to look after him. Just to be on the safe side that is. You never know what a judge will do or not do when it comes to sentencing someone.

You did not say where you live,

But 3700 is not like 300 dollars, so yes, it is very possible to get at least some jail time, it will be just up to the judge