A family member has been arrested and charged. (they aledge she stole from her employer( She maintains she didn't do it, but I wonder if they would have filed charges without excellent evidence? any ideas on A: what kind of evidence they likely have and B: if she'll face jail time she has small childlren.
2007-09-27 09:07:19 · 11 answers · asked by Joe a 2 in Politics & Government ➔ Law Enforcement & Police
She may spend a night or two in jail when she is arrested and then get bond. Evidence is usually receipts and finance books being unbalanced and the money would be seen as missing from her area. More than likely she will have to pay restitution and receive intensive probation.
2007-09-27 09:13:40 · answer #1 · answered by Charlie Fingers 4 · 0⤊ 0⤋
That is one heck of a first offense.
I will assume she will be convicted, because if she isn't, it really doesn't matter, does it?
Yes, they do look at prior offenses when determining a sentence, so a clear record may not help, but it certainly won't hurt. They also look at several other things, to include the wishes of the victim, the circumstances of the case, getting restituiton to the victim, and the actions of the person.
Not admitting responsibility isn't going to get her a lot of favors from the judge. And as far as the children, I'm sure the judge will consider what is best for them too, but having kids isn't a license to steal. $1300 is a lot of money, I can't imagine getting off without any jail time.
I think her best bet would be to avoid trial and try to work out a deal with the prosecutor to get restitution back.
Again, I'm assuming she did take the money. If she didn't, the truth should come out in trial.
2007-09-27 09:14:59 · answer #2 · answered by trooper3316 7 · 0⤊ 0⤋
I know a woman who stole hundreds of thousands of dollars from her employer. She has 2 kids about 6 and 8 and 2 teenagers. She got real strict probation, community service(a bunch) and she may have even had to do a few weekends in jail. But, because she pled guilty, the kids, no record, etc. she didn't have to do more than a few days. She does now have a felony conviction for embezzlement and one for grand theft.
2007-09-27 15:58:49 · answer #3 · answered by Scott B 4 · 0⤊ 0⤋
The bad news is, this is considered grand theft in some states which is a felony. First offense is less valuable in a felony case.
They can have records, video, audio, etc.
She may not have to face jail time *because* she has children ( they may look at the whole picture ), however she will now be branded a felon. That makes it tougher for her to get a job in the future. So, if she is guilty, she has created long term misery for her two children over $1300. Shame...
2007-09-27 09:18:16 · answer #4 · answered by J G 4 · 0⤊ 0⤋
I have dealt with some people who have stole from there employer and I think it would depend on what the employer would want to do if there going to press charges or so forth. She will most likely be slapped on the wrist if it's her first crime and made to pay it back, community service and probation.
2007-09-27 09:34:20 · answer #5 · answered by ~~Just me~~ 3 · 0⤊ 0⤋
It is Grand Larceny and she could be jailed. Most likely get probation and be ordered to reimburse the company. Real problem here is that most places will not hire anyone with a theft conviction, even if they would not be handling money.
2007-09-27 09:38:49 · answer #6 · answered by sensible_man 7 · 0⤊ 0⤋
Grand larceny=felony. Of course.
2007-09-27 12:29:11 · answer #7 · answered by Anonymous · 0⤊ 0⤋
hahaha...yea its only a class 4 felony....you have to get a pretty good lawyer...this is considered grand larceny....anyhting over 150 from an employer is a felony
2007-09-27 11:16:46 · answer #8 · answered by getsome86 3 · 0⤊ 0⤋
If she did it she needs to own up, pay back and throw herself on the mercy of the court; with small kids maybe do some weekends, probation and community service.
Otherwise...... CLANK!
2007-09-27 09:11:03 · answer #9 · answered by wizjp 7 · 1⤊ 1⤋
You would be surprised how many times these kind of charges are dismissed after the employer. They find out that the person didnt do it.
2007-09-27 09:13:21 · answer #10 · answered by elaeblue 7 · 0⤊ 2⤋