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alli1967 · Mar 8, 2007, 08:25 AM

In 2005, I along with 3 other people were arrested for 1 count of felony theft by deception. In the state I live in this carries up to a 10 year sentence. I am accused of receiving approximately $23K from my former employer through deceitful means. I have some receipts which will reduce the amount of funds they say I got; however, I do not have enough to cover the entire amount. Presently, the plea bargain being offered by the DA is a "cap of two years and let the judge decide". Is this a fair plea bargain? I have never been in trouble before - I don't have a criminal record. My trial date is coming in May 2007.

Concerned

excon · Mar 8, 2007, 09:01 AM

Hello alli:

Disproving SOME won't help, if you can't disprove it ALL. I'm not sure why you mention that you don't have enough money to cover something. They're not going to let you off because you pay it back. Besides, I'm sure your plea agreement requires you to pay it back anyway.

Is two years fair?? Fair doesn't have anything to do with it. You ask as though you have a choice. You do, two years or longer.

excon

PS> Ok, I see now what you were saying. You don't have enough receipts to cover the amount. Got it. Nothing changes.

missgallucci · Mar 8, 2007, 10:57 AM

HEY I RECENTLY GOT ARRESTED IN FEBRUARY FOR SHOPLIGFTING, I now have court next week for a misdeamenor THEFT and its going to be on there 4 three years! It sucks because now I can't get a good job and I'm now stuck working at sonic. I know I have learned my lesson and I don't think how much trouble this is causing is fair but that's life and there are consequences to breaking the law AND GETTING CAUGHT lol sometimes they isn't fair but you got to live with your poor decisions...

excon · Mar 9, 2007, 05:39 PM

Hello again, alli:

I thought a lot about the advice I gave you, and I'm going to amend it.

In fact, it's not a black and white question. There are a lot of factors to consider that your ordinary lawyer wouldn't tell you about.

For example, I think you need to look at the possibility of parole in your state and you need to know what the guidelines are. It's possible that you could be released on parole on a ten year sentence in two years. How much time do you actually risk by pleading not guilty? You need to know what the written sentencing guidelines for your crime is. You're going to need to determine how much good time the state offers. Can you include, in your plea agreement, being sentenced to a minimum security facility near your home?

These and other questions need to be considered before you can make an intelligent decision.

excon