[Scared_and_Confused]

:( Well there is a very long story here and I need advice. I realize what I did was stupid and ridiculous and don't know why I did it. Please do not judge me or insult me. I am a good person really! I swear, I just made a stupid mistake! Well here we go: I worked at a retail store with other women and they had told me how the boss said "what he doesn't know he doesn't care" so they told me we can take what we want and he won't care. So to make a long story short, we took stuff from the store. Well one night corporate came in and separated all of us telling us there were cameras and they have us all on it. Of course I freaked out and apologized. Well the guy said the do not want to go public and that they just want the stuff back and the things that cannot be resold that they want us to pay for which I said fine. He said if I choose to not cooperate then he will take it to the police. Well of course I cooperated! THen he made me right an apology letter stating what was taken, who was involved, estimated amount, and that I was not under pressure to write it. So the next morning I took back EVERYTHING. He said they would NOT press charges.
Then they calculated it a little under 5000. Then I signed a paper saying that I have returned everything and anything that cannot be returned or resold I will pay for and that I will follow the payment plan and if a payment is missed then I will be taken to civil court. Then the guy gave me his card said if I had any questions to call him and that he will be in touch. Well a few days later I went to pick up my last pay check and apologized to my boss then my boss tells us corporate has a district attorney. Well we called the corporate guy and he said nothing. I figured I am going to need an attorney so I called the corporate guy to get a copy of all my papers I signed and filled out well he didn't answer so I left a voice mail. Then the next day my former boss called me to tell me that the corporate guy called him to tell him to tell us to stop calling (confusing I know sorry). I figured that was childish and that he gave me his card and said if I had any questions to call… well that was about three-four weeks ago and I have not heard anything at all! What should I do? Should I inform an attorney right now? Or wait until I get a court date? Also if convicted what kind of sentence am I looking at here? I've studied a little and it looks like 1-5 years in prison, but I am still confused! What is the worst and the best that can happen to me? I am 19 years old and have a very clean record not even a single traffic ticket! Is there anyway I can just get probation and community service? I also live in New Mexico. Oh and I know I made a mistake by signing papers but the guy said if I didn't he would take it to the police and it was really late at night and they were using the scare tatics and they wouldn't let us call anyone. Now I wish I would have had him write it down stating he would not press charges then sign it... I know I'm stupid! But please help me! I don't want to go to jail!! I mean if Winona Ryder can get probabtion and community service, I can too right? I can't eat, sleep, I cry all the time, I am so depressed, frightened and don't know what to do. My mom and fiancé keep telling me I'm not going to prison, but the more I research things online the more I get scared! I've also looked it up, doesn't the corporate guy and I have a unilateral contract?? Can I use that in my defense? Please help me! I would greatly appreciate it. Oh and the guy NEVER sent me those papers, I called twice and nothing!!

[RichardBondMan]

Pay an attorney for his advice is what I recommend, don't put off talking to one for very long. Don't communicate with or advise the company or any of it's representatives that you are or have talked with or engaged an attorney. I am NOT an attorney but you truly need some good advice. Don't be scared but be scared enough to seek professional guidance. Remember, your attorney is bound by his professional to keep things you discuss with him confidential. so tell him everything so he/she can assist you. Seeking an attorney's advise should by no means imply to anyone that you are gullty.

[Scared_and_Confused]

Thanks. My mom told me I should call the corporate guy and ask what's going on, but I think I'll contact an attorney first. Thanks

[Clough]

I can understand your being scared. I would be too. You are not stupid. Just inexperienced.

If it is your first offense, you may be looking at only probation and a fine. Yes you should consult an attorney. I have never heard of it where the first consultation would cost anything. I would do this right away for your own peace of mind.

Do you like to beat yourself up? You don't have to. It is your choice. I would suggest you stop looking on the Internet for the possible repercussions for what you did. Consult a lawyer.

There are a few lessons here that I hope you have learned. 1. Don't listen to other people who tell you it's okay to steal. 2. Always insist on and have a witness who is on your side to any kind of issue where you have a conflict with someone. Even when speaking on the phone. Tell the party to whom you are calling that you have someone else on the other line. 3. Always make sure you get copies right away of anything that you sign. Insist on it.

[Scared_and_Confused]

Thanks! No I don't like beating myself up. I always think everyday that I should contact an attorney but I guess I don't because I am scared of what I will hear you know like being sentenced to prison. I swear I learned MANY lessons here! I won't even pick a flower out of someone else's yard! What do I do if the guy won't send me those papers? Also one more question, if I do go to court and before I get my sentence can I petition the court for probation, community service, restitutions, and fines?

[Fr_Chuck]

Of course you will have to appear in court several times most likely before a sentence is given, This is why you need your attorney, he will perhaps work out a plea agreement with the DA

[Clough]

Your attorney will use his or her best efforts while working on your behalf. Others signed similar papers. Correct? Then you have witnesses to that fact.

If corporate is going to use them against you, then they would have to produce them in court. Your attorney would be able to get copies for you.

Like I said previously, if it is your first offense, you may only be looking at probation and a fine.

Maybe your family already has a family attorney who also does criminal cases? That would be good, because then he or she would already know something about you and your family history.

If someone is convicted of a crime, before sentencing, there is something called a pre-sentence investigation, or PSI. That is where people get to write letters to the Judge (Court) on your behalf.

People who aren't showing any responsibility or remorse for their crime or crimes are the ones that they lock up.

[Scared_and_Confused]

Nobody told me about sentencing?? What's your opinions on what will happen to me? I know none of you can tell me for a fact what will happen, I just want an opinion. Will they be considering the fact that I have a very clean record, never in trouble with the law, and returned the merchandise and said I'd pay for it all? I've read plenty of cases of people getting off with probabtion, community service, diversion class, fines, and restitution... do you think I have a chance of that? And how can I go about that?

[Scared_and_Confused]

Oh sorry I typed that previous post before I read your answer Clough. Unfortunately we do not have a family attorney, no members of my family have been in trouble for anything like I am now. I will be looking for an attorney soon. I am very very remorseful. I cannot go a day without crying about what I've done. Nobody can compare to how stupid and idiotic I feel. I feel like scum and that I don't deserve anything ever again. Although I did not know about that letter to the judge... do I have to request that or do I get to do it automatically? I keep trying to think to myself that I will be all right and I won't be going to prison, I mean it's not like I killed someone or anything? But then I keep thinking how much I messed up and how I am going to prison and that I should prepare myself for not being with my family or friends for a very very long time. Ugh... I am tired of this. I wish I could just snap and it will all go away.

[Matt3046]

Look I am of course not a lawyer (which you need to get). You are not going to go to jail, these things happen all the time, people make mistakes you learn from them and move on. Go on with your life let a lawyer worry about it. You have showed good faith, by trying to correct the situation and that is all you can do. If I had to guess probably. A couple of hundred hours community service (its a breeze) and a year or two of unsupervised probation at the worst. Look I used to work at a big Sears store and almost every week someone got caught stealing in some way. Learn and move on.

[Scared_and_Confused]

I mean I returned the stuff and said I'd pay for everything right? I can't go to prison right?? It would be highly unlikely for me to go to prison?? Sorry I'm just scared and thinking about it too much!

[Scared_and_Confused]

Thanks Matt :)

[Clough]

Dear Scared_and_Confused,

Chill out kid and take it easy! You're going to live through this! You have a chance at getting anything that you have mentioned concerning a sentence other than jail.

A family attorney is someone who takes care of legal matters concerning a family that most of the time have nothing to do with anything criminal. I.e. wills, trusts, custody, visitation, disputes between neighbors, and the list goes on and on...

Everyone should have an attorney that they can trust when the time comes when they need one.

Have you been re-reading what people have been telling you on this post? I hope that you have been doing that.

When someone like you or anybody else for that matter goes to court to have some sort of sentence imposed upon him or her, many factors are taken into consideration by the judge. What your attorney and the prosecuting attorney have to say and what people have to say to your benefit in the letters that they will write to the judge. You would need to get the people who would write letters to the judge on your behalf.

Please don't be so concerned about this matter. You don't even know if your're going to court yet.

Your mom probably knows some friends that can get you in line with a good attorney.

Once you have engaged the services of an attorney, please try to rest your mind and just go about your business.

[Scared_and_Confused]

Thanks Clough... I know I'm driving myself crazy here... I have a tendency to do that when I am stressed and scared. I most definitely have been re-reading what people have been telling me. This has made me feel a lot better. I was able to stop crying from this! So that's always good. My parents had divorce attorneys a long time ago.. about 10-11 years ago, although I don't think that counts. I know my mom doesn't have an attorney, but my future mother in law does! Here is another semi long story that has nothing to do with me, but I feel like sharing: My mother-in-law is a realtor and owns her own business. Well unfortunately she was diagnosed with breast cancer a year and a half ago. They caught it early so she had to do a lot of chemo and she had what she called "chemo brain" where she would forget so many things. She would repeat herself, redo things she's already done and so on. Well her secretary told her that she should handle the business check book and banking because she was "afraid" my mother-in-law would write extra checks to already paid people. Well to make a long story short, after she beat her cancer :) she went back and noticed something was not right in her bank account and her business books. Lo an behold! Secretary embezzeled! Well that was almost a year ago. So far they have totaled over $100,000.00 embezzled! Isn't that nice? I used to think that was enough evidence to at least question the secretary, but they haven't? Why not? They haven't arrested her or anything at all. I thought that was weird... They haven't taken her to court yet, so maybe that is why? But I figured they would have at least taken her in for questioning.. Well my goodhearted mother-in-law does not want to press charges, but just wants her money back! (who wouldn't that's a lot!) so she is taking it to court to make it a legal binding contract wanting her on probabtion until it is all paid back. Oh yeah! And this former secretary has embezzled twice before this! Crazy lady! I don't know... any thoughts comments etc on that matter?

[Clough]

Thanks! I have a tendency to drive myself crazy for the same reasons. Just that over the years I a learned some ways to cope with it.

I am glad that your mother-in-law beat her cancer! It also sounds like she knows what she is doing concerning handling the embezzlement. However, I have never known it to be where someone could be placed on probation without first being formally charged with and convicted of a crime. Maybe it's possible. Don't know. Pressing charges means possible publicity in the local news media. Reporters are always looking for stories so they can do their jobs.

Wow! That's a lot of money! Looks like people should not be putting the secretary into any type of positions where she will be handling money.

Was the secretary ever convicted of embezzlement previously? How did you find out that she had embezzled money in the past?

The following case that I will cite below, may be of interest to you.

Believe-it-or-not, I am experiencing this type of thing with someone I am connected to right now. Her sentencing date is this coming Monday morning. She embezzled over $25,000 from a very large local club that acts for the benefit of people. She was the treasurer and stole money from the group over a two-year period.

She blames her stealing on the fact that she is bi-polar, on medication for that, and that she thinks the meds were somehow not right for her - that they were not doing the job that they were supposed to do. However, this is a person, to whom I have been witness to many times, used people to get what she wanted without paying them any money in return when she should have been. She also is a legally ordained minister through one of those outfits that can ordain you for $19.95. Yes, she is legally ordained. The U.S. government doesn't touch that stuff because of the separation of church and state.

The club she stole from pressed charges. She was arrested and spent some time in jail. She wrote an apology letter to the club. Her mother is very wealthy and paid all of the money back. However, the club voted for no prison time. There are over 200 very influential people in the club. Certainly they were showing compassion by voting for no prison time. They also probably don't want the bad publicity. That doesn't mean that she won't be doing some more time in jail. In the end, it's all up to the judge who makes a decision based upon all of the facts he or she has been given.

Perhaps the secretary about whom you are speaking also has a disease which may make her think less of committing a crime? However, concerning the former treasurer, I was one of the people who were asked by her to write a letter to the judge as part of her presentence investigation. I did so, and part of what I submitted is as follows:

Dear Judge (Name):

(Name) has asked me to write a letter on her behalf as part of her pre-sentence investigation. This is a task I take seriously and one I hope to fulfill responsibly.

I am concerned for the well being of (Name). But, I am also concerned that if she does not get the proper mental health treatment that she needs, that she will continue on down the same psychotic path that she has taken for the past many years. As such, I would offer my opinion to you, that further incarceration for her would be without benefit if it were not to also include the proper medication and psychiatric treatment that she needs. I state this not out of any malice towards her, but only as a way to tell you that I think that she is a good person who needs some serious help.

I believe that her current legal difficulties were brought about not by her being poorly prescribed to certain medications for her existing mental condition, but by bad choices she has made. This is not to say that some of the medications couldn't have influenced her decisions on a short-term basis to make some of those choices. But, I have never known someone who could use the excuse of not being medicated properly to be able to commit a crime over so long a period.

Then, I went on to describe the good things about her that I had witnessed.

[NowWhat]

Have you been arrested? I don't think the courts get involved until someone presses charges and you get arrested. I would start looking into attorneys - just in case.

[Scared_and_Confused]

Now What, no I haven't been arrested or anything thank God! I thought they were going to summon me to court and see what I plea and that's when I say I want an attorney? I don't know, but I am waiting for my mom to come into town to go to an attorney with me. I need my mommy (I know I am such a little girl) Thank you for your post!

[ScottGem]

Ok, I'm a bit confused. They offered you a deal of restitution which you signed and agreed to. So what's the problem? You bought back the stuff and entered into a payment plan. Make your payments and everything should be all right.

[Scared_and_Confused]

ScottGem I know I'm sorry, I'm not explaining myself very well here. I returned the stuff, then they calculated everything taken, then they were going to go back to go through what cannot be resold and charge me for that. The guy told me they would contact me telling me how much I owe and how much my payment plan will be. I have not yet given money yet because they haven't told me how much. I figured there was no problem, until about four weeks ago, I went to pick up my pay check and my boss told me corporate got a district attorney and my boss also told us that it would be very hard for us to find a job. That's why I started getting scared. I called the corporate guy right after I heard that and he said we had to call another guy who was handling it so we did and he didn't answer or return any of our phone calls. I have not received anything in the mail from them or any phone calls, so I take the fact that they got a DA to press criminal charges against us. Sorry I am very confusing.

[NowWhat]

I still think the first thing that would happen is you would get arrested. Then you would appear in court for bail. Once that happens you would get your attorney and the process of everything would start.
If you haven't been legally charged with anything - you wouldn't go to court.
It's not to say you won't be charged - but as of now - legally nothing has happened. (On their end)