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Sakoora · Mar 4, 2009, 02:08 PM

Hello

Just have a simple question
I stole money from my employer (worst of all while in a management position)
And I am told that they are trying to give me jail time.. what is the least and most amount of time I could be serveing??
Thank you and I will be glad for any answers

Sakoora

codyman144 · Mar 4, 2009, 02:15 PM

I'm no lawyer but I am sure one of the experts will respond soon. Here is my take on this as an accountant and someone who has been in business for some time.

In most likelihood if you give restitution (the money back) and this is your first offence you should be able to strike a plea deal for probation only and maybe some community service. You just don't see many people do actual time for white collar crime like this, at least not for the amount you are talking about. Furthermore I have known some companies that won't even press charges if you give restitution; they want to avoid the bad press.

That's my two cents.

JudyKayTee · Mar 4, 2009, 02:44 PM

How much money and where? Did you turn yourself in or were you caught? Past record?

Sakoora · Mar 4, 2009, 02:53 PM

Originally Posted by JudyKayTee

How much money and where? Did you turn yourself in or were you caught? Past record?

I stole ruffly about 4300.00 got auditad and then attimited that I did it

emery · Mar 5, 2009, 07:03 AM

I am assuming you have been charged by the police as well, if not yes if you pay back everything there is always the chance they may not charge you however if the police are involved I think you need a lawyer and maybe the best you could get is a conditional discharge.

JudyKayTee · Mar 8, 2009, 08:53 AM

Originally Posted by emery

I am assuming you have been charged by the police as well, if not yes if you pay back everything there is always the chance they may not charge you however if the police are involved I think you need a lawyer and maybe the best you could get is a conditional discharge.

I don't see it this way - I see criminal charges being filed.

Stealing from an employer is "usually" not treated as a payday loan - you get caught, you return the money, it's okay. Employers are pretty testy about employee crime. Very often the shortage is reported to a bonding or insurance company which files charges.

I don't think an employee can say "whoops" and walk away from this.

Fr_Chuck · Mar 8, 2009, 09:03 AM

At a min, probation, a fine and pay back to the store.

On the high side up to about 5 years in prison in our state.

twinkiedooter · Mar 8, 2009, 04:12 PM

In Ohio it would be up to 18 months in prison, pay back the money, and probation on top of that.

Once you've been caught, unless you immediately pay back the money, once the bonding company gets involved or the police get involved they can't just make the case disappear. There is no conditional discharge that I'm aware of for this type of crime.

It will be a felony on your record unless you pay an attorney a hefty fee and somehow manage to get charges reduced to a misdemeanor.

codyman144 · Mar 8, 2009, 04:18 PM

Not saying that you couldn't or wouldn't face jail time. I just know out of the cases like this that I have seen the judge rarely hands out actual time. Usually probation, restitution and most of all you lose your career as no one is going to hire you again in that type of role.

JudyKayTee · Mar 8, 2009, 04:47 PM

Originally Posted by codyman144

Not saying that you couldn't or wouldn't face jail time. I just know out of the cases like this that I have seen the judge rarely hands out actual time. Usually probation, restitution and most of all you lose your career as no one is going to hire you again in that type of role.

I am also in NY and this is most definitely not my experience. Here's my problem - FrChuck, Twinkie and I have 46,000 posts among us. We are all very familiar with the law (I am extremely familiar with NY) and how things work. Our answers were thought out and comprehensive.

This isn't "our" first rodeo and we aren't making this stuff up.

I realize that you have posted this is not legal advice and just your opinion but what is your legal background that brought you to this conclusion?

twinkiedooter · Mar 8, 2009, 05:12 PM

Originally Posted by codyman144

Not saying that you couldn't or wouldn't face jail time. I just know out of the cases like this that I have seen the judge rarely hands out actual time. Usually probation, restitution and most of all you lose your career as no one is going to hire you again in that type of role.

OP would more than likely spend 3 months in the county jail with probation and restitution on top of that for starters.

I'll bite. What's your legal background? From which side of the courtroom?

codyman144 · Mar 8, 2009, 05:18 PM

Originally Posted by JudyKayTee

I am also in NY and this is most definitely not my experience. Here's my problem - FrChuck, Twinkie and I have 46,000 posts among us. We are all very familiar with the law (I am extremely familar with NY) and how things work. Our answers were thought out and comprehensive.

This isn't "our" first rodeo and we aren't making this stuff up.

I realize that you have posted this is not legal advice and just your opinion but what is your legal background that brought you to this conclusion?

Wasn't trying to say you were wrong either... I don't think you’re making anything up and if any of you were taking my posts as an attack on any you I apologize but they were not. My answer is only based on what I have read in the paper on similar cases, heard from other professionals in my field and have seen in the nightly news. It’s an opinion based on my experience that’s all. If for some reason you don’t like me well I guess I apologize for that too. I will endeavor to stay out of your section in the future.

codyman144 · Mar 8, 2009, 05:20 PM

Originally Posted by twinkiedooter

OP would more than likely spend 3 months in the county jail with probation and restitution on top of that for starters.

I'll bite. What's your legal background? From which side of the courtroom?

Wow that’s dripping of hatred; I never claimed to be a legal expert.

JudyKayTee · Mar 8, 2009, 07:54 PM

[QUOTE=Comments on this post
twinkiedooter agrees: He must have watched all 5,990 episodes of Perry Mason and the OJ Simpson trial in its entirety.?[/QUOTE]

Howling with laughter in general - you left out Judge Judy. Doesn't everybody quote Judge Judy? Last week someone quoted Judge Alex - I don't even know who that IS but apparently he is to be believed because he is also an ex-cop. Or something.

JudyKayTee · Mar 8, 2009, 08:01 PM

Originally Posted by codyman144

Wasn't trying to say you were wrong either... I don't think you're making anything up and if any of you were taking my posts as an attack on any you I apologize but they were not. My answer is only based on what I have read in the paper on similar cases, heard from other professionals in my field and have seen in the nightly news. It's an opinion based on my experience that's all. If for some reason you don't like me well I guess I apologize for that too. I will endeavor to stay out of your section in the future.

"We" take great pride in our answers on the legal board, great pride. Those of us here work in the legal profession and/or are trained in the legal profession and/or do GREAT research (hats off to my comrades!), study and read case law.

I have no idea why you jumped into this discussion in the first place other than to contradict other people who have posted.

I wouldn't presume to go on "your board" and question your advice based on what I've read in the newspapers or seen on TV and I would expect the same consideration from you. I believe the two of us have had another conversation about doing homework. This is not a site where you make up the rules as you go along.

As far as your passive/aggressive "stay out of your section in the future," that's your choice. No one has asked you to leave. I would ask that you post law, not opinion - or state "from what I've read in the newspaper" when you post your opinion.

I think it's a mistake to contradict people with thousands and thousands of posts and a ton of experience in the law unless have facts to back you up - but, again, that's just an opinion.

Sakoora · Mar 8, 2009, 11:22 PM

I would like to point out that this tread is for helping me get answer not for people tp fight over who is right or wrong ans who has more experience
It to help me find out what I may or my not be in for so I will know what to expect...
Sakoora

JudyKayTee · Mar 9, 2009, 06:28 AM

Originally Posted by Sakoora

i would like to point out that this tread is for helping me get answer not for people tp fight over who is right or wrong ans who has more experiance
it to help me find out what i may or my not be in for so i will know what to expect .....
Sakoora

And you did get advice. Accurate advice directly about your problem which is stealing from an employer. You are certainly free to read all of the advice and decide which is correct and which is not and base your course of action on that.

Most people would rather just know the legal facts but perhaps you are the exception.

After your Court appearance please come back and let us know what the sentence was.