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dreamydeb · Dec 17, 2008, 08:28 AM

I was arrested in sept for grand larceny theft of 24000 from a person I was taking care of . I have a drug problem I have been receiving counseling for . I have no priors except in 2001 for drug paraphenelia in fla . My lawyer seems to have his own best interest at heart and I'm afraid ill do prison time . I have a co defendant whois not planning to go to court as far as I know .what can I do to have these charges lessened or dropped as the co defendant is also guilty and I want to enter a long term treatment program rather than accept these charges. Please help me know how to handle myself and what to say in court

JudyKayTee · Dec 17, 2008, 08:34 AM

Originally Posted by dreamydeb

i was arrested in sept for grand larceny theft of 24000 from a person i was taking care of . i have a drug problem i have been recieving counseling for . i have no priors except in 2001 for drug paraphenelia in fla . my lawyer seems to have his own best interest at heart and im afraid ill do prison time . i have a co defendant whois not planning to go to court as far as i know .what can i do to have these charges lessened or dropped as the co defendant is also guilty and i want to enter a long term treatment program rather than accept these charges. please help me know how to handle myself and what to say in court

I would not chance this without an Attorney. Stealing from a client is looked upon harshly, at least in my area, due to the client's disability which required/requires home health care and the breach of trust. This is not theft from a stranger.

Your Attorney has no personal stake in this issue so I have no idea why you would think he/she has his/her own interest at heart.

You say you are guilty and I see the best solution to be going with the Attorney, explaining your drug problem (keeping in mind that counselling so far has not appeared to work and the Court has no reason to believe ongoing counselling will work) and asking for leniency.

Do I think you'll do time? I believe you would in NY but I don't know where you are.

twinkiedooter · Dec 17, 2008, 09:34 AM

You will probably do some time and get an order for restitution of the stolen money. I sincerely doubt if the charges will be dropped unless the money is repaid prior to sentencing. Why isn't the codefendant planning on going to Court? Isn't he charged also with this crime?

Fr_Chuck · Dec 17, 2008, 11:03 AM

If this person was elderly, it will be an increased penalty. And if you have been able to repay this before court will make a big difference also.

But I would expect some prison time.

dreamydeb · Dec 17, 2008, 01:55 PM

I have already asked this question regarding my grand larceny charges .but am supplying more info to readers . I'm in ny for 1 . The money was found in the car I was arrested in so it has already been recovered , my admitting to taking it even before it was noticed to be missing . We were actually parked on a private road when someone called the police and when they came the car was searched and the money found . I did not know the money was in the car as my co defendant took it from where I hid it in thre house . The intention I had was to put it back . I've been an aide for 25 yrsand never stole from any one . My drug problem is only over the past few yrs and my present counseling is 5 days per week 3 hrs a day .my codefendant is charged with the same crime but has many past crimes behind him although yrs ago . He is afraid to go to court as he may face 25 to life due to his past

JudyKayTee · Dec 17, 2008, 02:00 PM

Originally Posted by dreamydeb

i have already asked this question regarding my grand larceny charges .but am supplying more info to readers . im in ny for 1 . the money was found in the car i was arrested in so it has already been recovered , my admitting to taking it even before it was noticed to be missing . we were actually parked on a private road when someone called the police and when they came the car was searched and the money found . i did not know the money was in the car as my co defendant took it from where i hid it in thre house . the intention i had was to put it back . ive been an aide for 25 yrsand never stole from any one . my drug problem is only over the past few yrs and my present counseling is 5 days per week 3 hrs a day .my codefendant is charged with the same crime but has many past crimes behind him although yrs ago . he is afraid to go to court as he may face 25 to life due to his past

Quite frankly - and I'm sorry - I don't think the Court is going to believe that the money was found in the car and you were arrested while parked, preparing to return the money.

Your best bet is - as has been suggested - a good Attorney and asking the Court for clemency. Unfortunately the company you keep is not in your favor - and you've admitted you stole the money and then he stole it from you.

The money has (obviously) been recovered.

I see problems withour a good Attorney - I also see your career as a home health care aide over.

As far as the co-Defendant, yes, I see serious issues for him. Your Attorney is going to tell you to distance yourself as far as possible from him and hope he doesn't testify against you in exchange for some legal consideration.

excon · Dec 17, 2008, 02:09 PM

Originally Posted by dreamydeb

please help me know how to handle myself and what to say in court

Hello deb:

You need to let your lawyer do your talking. Because you admitted it, you're probably going to get a plea bargain. But, you already gave up what your end of the bargain would have been. In any case, when you finally get to court, it will mostly be procedural, and you'll already know what's going to happen.

If you don't trust your lawyer, fire him and get a new one.

excon

dreamydeb · Dec 17, 2008, 02:11 PM

The court has already got the report of how the arrest was made he did not steal the money from me . He took it from where it was as to supposedly prevent anyone from finding it where I placed it . There are many workers in the property and when I tried to place it back where I found it there was a nurse and family member in the room . I was leaving the job for a dr appt and he was taking me as my car was not running . We pulled ove rto mess around in the car and were confronted by police who asked us to get out of the car . We had drug paraphenelia in the car which gave them reason to search the car . It was at this ppoint he told me the money was in the car.ihave been off drugs since my arreast and so has he and I'm hoping to stay that way.what I said about my lawyer was because everything just keeps being postponed .

N0help4u · Dec 17, 2008, 02:13 PM

https://www.askmehelpdesk.com/crimin...es-293156.html

Unless he clears things up about the money and makes it clear you knew nothing about it then you are considered an accessory. Even if he does say you didn't know anything it is up to the Judge if they want to drop it or not.

JudyKayTee · Dec 17, 2008, 02:16 PM

Originally Posted by dreamydeb

the court has already got the report of how the arrest was made he did not steal the money from me . he took it from where it was as to supposedly prevent anyone from finding it where i placed it . there are many workers in the property and when i tried to place it back where i found it there was a nurse and family member in the room . i was leaving the job for a dr appt and he was taking me as my car was not running . we pulled ove rto mess around in the car and were confronted by police who asked us to get out of the car . we had drug paraphenelia in the car which gave them reason to search the car . it was at this ppoint he told me the money was in the car.ihave been off drugs since my arreast and so has he and im hoping to stay that way.what i said about my lawyer was because everything just keeps being postponed .

You're starting to lose me here - you took the money and hid it so no one else would find it. Then you tried to put it back but didn't because other people were in the room.

Then your friend and you, on your way to a Doctor's appointment, pulled over to "mess around" in the car.

Then the somebody called the Police and the Police seized drugs or paraphernalia, having probable cause to stop and search.

At this point your friend who knew where you had hidden the money said he took the money to keep anyone else from finding it, without your knowledge that he took it.

Have I got it right?

I don't know why you weren't also charged with possession of paraphernalia.

I still don't think the Judge is going to believe you - stick with your Attorney.

JudyKayTee · Dec 17, 2008, 02:21 PM

[QUOTE=Comments on this post
dreamydeb agrees: i have been appted this attorney . he says for the misdemeanors of paraphenelia they want to offer me 3 yrs probation . if i accept this how much can they give me for the felony[/QUOTE]

Drug paraphernalia? This started as: "i was arrested in sept for grand larceny theft of 24000 ..."

You've been getting advice based on partial information and now other facts and charges have come out.

Curlyben · Dec 17, 2008, 02:27 PM

>THREE Threads Merged<

Please stick to one thread for this issues to ensure the best response.
If other members have to search around for an update it is likely to be missed or overlooked.

dreamydeb · Dec 17, 2008, 02:35 PM

Originally Posted by JudyKayTee

Drug paraphernalia? This started out as: "i was arrested in sept for grand larceny theft of 24000 ..."

You've been getting advice based on partial information and now other facts and charges have come out.

If you notice in my title the misdemeanor was mentionedright from the beginning. This was the paraphenelia charge which was a CRACK PIPE .

Fr_Chuck · Dec 17, 2008, 03:07 PM

The misdemeanors are nothing, if you have a felony charge often they can even be dismissed if you work out a deal on the original charge. If all you had to worry about was the minor charges, that would just be probation, no problem, it is the theft charges, and if from the elderly or disabled, it can raise the punishment in most states.

excon · Dec 17, 2008, 03:08 PM

Hello again, deb:

Couple things. You need to make a plea bargain for ALL the charges at ONE time. You can't do it piecemeal.

It's GOOD that your lawyer keeps getting it postponed - not BAD.

If your partner doesn't show up and you DO, that's GOOD for you. The worse he looks, the better you look.

excon

dreamydeb · Dec 21, 2008, 06:52 AM

Originally Posted by excon

Hello again, deb:

Couple things. You need to make a plea bargain for ALL the charges at ONE time. You can't do it piecemeal.

It's GOOD that your lawyer keeps getting it postponed - not BAD.

If your partner doesn't show up and you DO, that's GOOD for you. The worse he looks, the better you look.

excon

Court offered me 18 months in drug court and 3 yrs probation . Too much I think

JudyKayTee · Dec 21, 2008, 07:12 AM

[QUOTE=Comments on this post - dreamydeb disagrees: went to court . My lawyer gave me the wrong time to be there . But let me know the offer is drug court for 18 months and 3 yrs probation . Have court again jan 14[/QUOTE]

Please read the rules for posting on this site. Ask Me Help Desk - FAQ: Terms of Service, FAQ and How To Use This Site.

If you continue to argue with people trying to help you no one will be answering you at all.

court offered me 18 months in drug court and 3 yrs probation . Too much I think

It's not what you think that matters. It's what the Court/Judge decide.

twinkiedooter · Dec 21, 2008, 12:09 PM

18 months drug court and 3 years probation. Why would you think this is too much? You ARE facing jail time for your "taking" of the $24,000. Do you really think that 3 years probation is too much? Try spending 3 years in jail for taking money from the elderly instead. You seem to forget what crime you did commit. Those figures sound fair, more than fair when you consider the alternative available to the Judge and prosecutor. You did have a position of trust caring for the elderly and you abused that trust. The part about you wanting to put the money back I'm not buying, sorry. You don't seem to have any remorse at all, just remorse that you got caught and now have to face the consequences. The "messing around" part sounded more like you two happily celebrating your heist by getting high.