Question about a Warrant

[rr52387]

I found out through a friend that I have an active warrant in one state, and I live in another several states away. The charge is Larceny by an Employee, and the warrant was issued after we moved. We did not leave to escape prosecution, although I doubt anyone will believe this either.
My question is whether I should surrender to the local authorities, and allow the first state to extradite me back. I am of poor health including severe back prolems, and heart problems. I also have virtually no financial means. The reason we moved was because I knew I was going to have to go on disability, and we moved back with family. With this warrant I can't even apply for disability.
I am 44 years old, and scared beyond belief. I keep expecting the US Marshalls to show up at my door.
I am innocent, but appear very guilty, with no way to prove my innocence. Not being naive, I am willing to accept a plea, and pay restitution to get this behind me as long as it involves no jail, and the charge drops back to a misdemeanor. I have never been in trouble with the law before.
Any advice?What is the name of your state (only U.S. law)?

[anthony361]

Originally Posted by rr52387

I found out through a friend that I have an active warrant in one state, and I live in another several states away. The charge is Larceny by an Employee, and the warrant was issued after we moved. We did not leave to escape prosecution, although I doubt anyone will believe this either.
My question is whether I should surrender to the local authorities, and allow the first state to extradite me back. I am of poor health including severe back prolems, and heart problems. I also have virtually no financial means. The reason we moved was because I knew I was going to have to go on disability, and we moved back with family. With this warrant I can't even apply for disability.
I am 44 years old, and scared beyond belief. I keep expecting the US Marshalls to show up at my door.
I am innocent, but appear very guilty, with no way to prove my innocence. Not being naive, I am willing to accept a plea, and pay restitution to get this behind me as long as it involves no jail, and the charge drops back to a misdemeanor. I have never been in trouble with the law before.
Any advice?What is the name of your state (only U.S. law)?

dont sweat it, the sooner you turn your self in the sooner everything gets resolved. if its your 1st charge your probally looking at probation. and if they try to offer you deferred probation dont take it. Despite what they tell you it is a conviction and will ruin your life like a conviction please my my post for an example

[CdwJava]

The state holding the warrant may not be willing to pay for extradition from your current state. You may have to go back to the originating locale to turn yourself in.

And, it should be better to put this behind you.

Good luck.

- Carl

[cyjeff]

And it may not be as open and shut as you believe.

There may be restitution involved.

[outonbail]

Originally Posted by rr52387

I found out through a friend that I have an active warrant in one state, and I live in another several states away.

Perhaps you could provide the name of the state which your legal troubles are in.

The charge is Larceny by an Employee, and the warrant was issued after we moved. We did not leave to escape prosecution, although I doubt anyone will believe this either.

Not when you're so pessimistic about the situation.

My question is whether I should surrender to the local authorities, and allow the first state to extradite me back. I am of poor health including severe back prolems, and heart problems. I also have virtually no financial means. The reason we moved was because I knew I was going to have to go on disability, and we moved back with family. With this warrant I can't even apply for disability.

Yes, this is one of the problems that will arise when someone has an outstanding warrant. You must admit, it is a very good way to have people turn themselves in. I imagine that if you were able to collect disability, you wouldn't be sweating this warrant.

I am innocent, but appear very guilty, with no way to prove my innocence.

First of all, don't play the martyr here. You are assumed innocent, so the prosecution must prove you guilty. But the way your coming off here, it doesn't sound like they will have much trouble doing so. You need to stop accepting blame if your truly innocent.

Not being naive, I am willing to accept a plea, and pay restitution to get this behind me as long as it involves no jail, and the charge drops back to a misdemeanor.

This is not being naive, this is admitting guilt and hoping for a sympathy break. Again, not a good approach for you to use in dealing with this situation.

I have never been in trouble with the law before.
Any advice?

Yes, first you can stop feeling sorry for yourself. Then you can start dealing with this situation like an adult.
I don't know how you know, that you look guilty of the charges unless you know much more about this situation than your posting. Do you know how much money, or what the value of the merchandise is, which you're accused of stealing?
Do you know what evidence they have and are claiming points to your involvement?

I do have some good advice, but before I provide it, please answer the following question, which I have highlighted in bold, underlined print.

What is the name of your state (only U.S. law)?

[rr52387]

Originally Posted by outonbail

Perhaps you could provide the name of the state which your legal troubles are in. (NC)
Not when you're so pessimistic about the situation. (Fairly close to clinical depression)
Yes, this is one of the problems that will arise when someone has an outstanding warrant. You must admit, it is a very good way to have people turn themselves in. I imagine that if you were able to collect disability, you wouldn't be sweating this warrant. (Yes, I would. I don't want to wonder if I go to the store for a loaf of bread whether or not I'm going to jail.)

First of all, don't play the martyr here. You are assumed innocent, so the prosecution must prove you guilty. But the way your coming off here, it doesn't sound like they will have much trouble doing so. You need to stop accepting blame if your truly innocent.
This is not being naive, this is admitting guilt and hoping for a sympathy break. Again, not a good approach for you to use in dealing with this situation.
Yes, first you can stop feeling sorry for yourself. Then you can start dealing with this situation like an adult.
I don't know how you know, that you look guilty of the charges unless you know much more about this situation than your posting. Do you know how much money, or what the value of the merchandise is, which you're accused of stealing? ($14,000 approx. Cash)
Do you know what evidence they have and are claiming points to your involvement?
I do have some good advice, but before I provide it, please answer the following question, which I have highlighted in bold, underlined print.

What is the name of your state (only U.S. law)?

I am accused of the following. As the bookeeper, that I took cash, and covered it up by depositing overpayment checks from customers. Now, keep in mind that I am the one who designed the bookeeping methods that provides evidence that points directly to me. All other employees, and managers have access to the place where cash is kept.
Here's where the problem lies. I can't say for certain what I did, or didn't do for a period of about 1 1/2 to 2 years. I have severe sleep apnea. I was diagnosed in 2001 because when driving a tractor-trailer, I would drive 200 plus miles, and not remember any of it. I was placed on a CPAP machine, and my life changed remarkably. Sometime in mid '06 the machine began malfunctioning, and soon quit completely. Our insurance at work at the time would not pay for a new one. That's it from that point until August of this year everything is just snippets of disjointed information. I guess I thought I was maintaining. On top of the no sleep for that period of time, I also take the most powerful painkiller on the market for my back. 3 80mg Oxycontin per day. Since the accusations started I have racked my brain, and can't remember. When I told my spouse what I was accused of she laughed because we didn't use any of the supposed money. We can't find anything that wasn't bought and paid for with our regular salary. We didn't go to fancy restaurants. We didn't take vacations. It didn't go in our bank account. We find no evidence of any other accounts. If I took the money, I must have taken it outside and lit cigarettes with it.
So there's the story, and why I figure I'll have to plead this out.
Thanks for your help and any wisdom you can send.

[Peligroso27]

Originally Posted by rr52387

I am accused of the following. As the bookeeper, that I took cash, and covered it up by depositing overpayment checks from customers. Now, keep in mind that I am the one who designed the bookeeping methods that provides evidence that points directly to me. All other employees, and managers have access to the place where cash is kept.
Here's where the problem lies. I can't say for certain what I did, or didn't do for a period of about 1 1/2 to 2 years. I have severe sleep apnea. I was diagnosed in 2001 because when driving a tractor-trailer, I would drive 200 plus miles, and not remember any of it. I was placed on a CPAP machine, and my life changed remarkably. Sometime in mid '06 the machine began malfunctioning, and soon quit completely. Our insurance at work at the time would not pay for a new one. That's it from that point until August of this year everything is just snippets of disjointed information. I guess I thought I was maintaining. On top of the no sleep for that period of time, I also take the most powerful painkiller on the market for my back. 3 80mg Oxycontin per day. Since the accusations started I have racked my brain, and can't remember. When I told my spouse what I was accused of she laughed because we didn't use any of the supposed money. We can't find anything that wasn't bought and paid for with our regular salary. We didn't go to fancy restaurants. We didn't take vacations. It didn't go in our bank account. We find no evidence of any other accounts. If I took the money, I must have taken it outside and lit cigarettes with it.
So there's the story, and why I figure I'll have to plead this out.
Thanks for your help and any wisdom you can send.

You mave have bought more oxycontins with it as well. You seem extremely guilty because you most likely are guilty. The argument of sleep apnea, which I have seen become an excuse for almost every shortcoming under the sun, and over use of pain killers causing you to not remember ripping off your employer is not valid.

[outonbail]

Originally Posted by rr52387

I am accused of the following. As the bookeeper, that I took cash, and covered it up by depositing overpayment checks from customers.

OK, you completely lost me here. Where are they claiming you took the cash from? You withheld it from deposits, grabbed it out of petty cash, wrote yourself a check for cash, cleaned out the cash register once a week? How are they alleging you "took cash"?
Next, what the hell is an overpayment check? I've never heard of such a thing. Now I've heard of someone overpaying, but it is usually so rare that I can't imagine it would be something done so regularly, that you could skim this overpayment into your benefit to the tune of $14K. If it is possible, perhaps you can let me know how would I go about getting these regular overpayment's from my customers?

Now, keep in mind that I am the one who designed the bookeeping methods that provides evidence that points directly to me.

Keep in mind? I again don't know what the hell you mean by "you designed the bookkeeping method" Is your last name Quicken? I've kept books in my own company and working for others, but I didn't design addition or subtraction. Company books are basically like having a bunch of checking accounts, in which half of, you're the bank. Simplified analogy yes, but I'm just trying to make a point. Which is, what did you design and why would you design a new business accounting system? This just sounds flaky to me,,,, like you designed some new embezzlement procedure.

All other employees, and managers have access to the place where cash is kept.

Was this open trust part of your design? If so, you need to work some bugs out of the system because allowing all employees to have keys to the safe is asking for trouble. It is also going to be difficult for the company to prove any one person took cash when everyone had the opportunity.

Here's where the problem lies. I can't say for certain what I did, or didn't do for a period of about 1 1/2 to 2 years. I have severe sleep apnea. I was diagnosed in 2001 because when driving a tractor-trailer, I would drive 200 plus miles, and not remember any of it. I was placed on a CPAP machine, and my life changed remarkably. Sometime in mid '06 the machine began malfunctioning, and soon quit completely. Our insurance at work at the time would not pay for a new one. That's it from that point until August of this year everything is just snippets of disjointed information.

No, where the problem lies is that you are being accused of stealing 14K! This is not chicken scratch, this is a felony and a lot of money for someone who has, "virtually no financial means"to have to pay back!
You need an attorney and you need one like yesterday! This is a very big deal here and your wishy washy story is going to hang you out to dry. You need someone to do your talking for you, because you obviously don't realize how ridiculous this story sounds. I mean, you can remember the details of designing an accounting system and you remember that all the employees had access to the cash and you remember customers making overpayment's, you remembered how to get to work and at what time every day, you remember when you were placed on some machine which was supposed to help your medical condition and you remember when this machine stopped functioning, you just don't remember if you took this money or not? Yeah, I can see where you're going to have a hard time convincing anyone that this one little $14K detail somehow slips your mind.

If I did take it, I don't remember, sounds as unbelievable as OJ's book, "If I did it, here's how".
Make sure that right after you tell the judge. " If I did it, I don't remember" you give him a big wink with a nod. Then duck, because a book will be coming your way!

When I told my spouse what I was accused of she laughed because we didn't use any of the supposed money.

Well it's time to stop laughing and start understanding what your facing here.

If I took the money, I must have taken it outside and lit cigarettes with it.

Give another wink and a nod when you tell the judge this and of course, DUCK!

So there's the story, and why I figure I'll have to plead this out.
Thanks for your help and any wisdom you can send.

Plead out a fourteen thousand dollar theft? That should get you two or three years. But hey, it will go by so fast, that when you get out, I'll bet you don't even remember it!

You need an attorney and you need to stop talking to your ex employer or anyone else about this situation. That is the best and only advice you need.

[cyjeff]

FWEEEEEEEET.... BS Flag on the play. Use of the "I don't remember stealing" defense.

15 year penalty and loss of down!

I notice that no where, repeat NO WHERE, in any of this do you say you didn't do it. Yeah, you say you don't remember and can't find it or whatever.

Personally, I think you had a little bitty secret, didn't you? Like a girl on the side, a betting habit or a drug habit.

I say this because you are trying to get your spouse, the innocent in all this, to be a witness for you... so she can honestly say on the stand, "I have seen no benefit of the money".

Which, of course, isn't the same thing as saying you didn't steal it, now is it?

NO ONE, repeat NO ONE, steals 14K without realizing it... You would have noticed something when you got home and emptied your pockets and a thousand dollars spilled out.

As for the rest, the judge won't care. I am excited you set up the system that caught you. Congrats, it works.

Of course, it really didn't work until after you left, did it? Until you weren't there anymore to camoflage your theft, right?

You need an attorney, a therapist and, most likely, a family counselor. How dare you try to throw your wife under the bus.

Let me guess, the sleep apnea made you do that as well, right?

[Antigone*of*Greece]

Originally Posted by rr52387

I am accused of the following. As the bookeeper, that I took cash, and covered it up by depositing overpayment checks from customers. Now, keep in mind that I am the one who designed the bookeeping methods that provides evidence that points directly to me. All other employees, and managers have access to the place where cash is kept.
Here's where the problem lies. I can't say for certain what I did, or didn't do for a period of about 1 1/2 to 2 years. I have severe sleep apnea. I was diagnosed in 2001 because when driving a tractor-trailer, I would drive 200 plus miles, and not remember any of it. I was placed on a CPAP machine, and my life changed remarkably. Sometime in mid '06 the machine began malfunctioning, and soon quit completely. Our insurance at work at the time would not pay for a new one. That's it from that point until August of this year everything is just snippets of disjointed information. I guess I thought I was maintaining. On top of the no sleep for that period of time, I also take the most powerful painkiller on the market for my back. 3 80mg Oxycontin per day. Since the accusations started I have racked my brain, and can't remember. When I told my spouse what I was accused of she laughed because we didn't use any of the supposed money. We can't find anything that wasn't bought and paid for with our regular salary. We didn't go to fancy restaurants. We didn't take vacations. It didn't go in our bank account. We find no evidence of any other accounts. If I took the money, I must have taken it outside and lit cigarettes with it.
So there's the story, and why I figure I'll have to plead this out.
Thanks for your help and any wisdom you can send.

Can you say TWINKIE DEFENSE

[cyjeff]

Originally Posted by Wirelessany1

Can you say TWINKIE DEFENSE

I really hate it when people use a disease as an excuse to do all kinds of illegal activities...

I didn't MEAN to shoot several members of the city council... but I ate junk food.

I didn't MEAN to steal 14K, but I wasn't sleeping well... and, in all the time I was stealing, the one thing I DIDN'T do was buy a new sleep apnea machine....

[OldandTired]

Originally Posted by cyjeff

and, in all the time i was stealing, the one thing i didn't do was buy a new sleep apnea machine....

roflmao!!!!!!!!!!!!!!!

[outonbail]

Originally Posted by cyjeff

I really hate it when people use a disease as an excuse to do all kinds of illegal activities...

I didn't MEAN to shoot several members of the city council... but I ate junk food.

I didn't MEAN to steal 14K, but I wasn't sleeping well... and, in all the time I was stealing, the one thing I DIDN'T do was buy a new sleep apnea machine....

I think what we have here is what I refer to as a "Fly By" posting.

This is where an OP comes up with what they believe is a goos BS story, AKA defense to their legal problem(s), but just to make sure it will work, they try to "Fly it By" us first.

This way they can see how many holes get shot through it that they weren't aware of. Thus giving them the opportunity to plug said holes, (or try to anyway) before they attempt to fly their fruitless fibs by the judge. (try saying that three times fast!)

The OP is probably crossing this asinine rendition off his list and assembling flight plan 2, at this very moment.

Any defendant who employs this style of legal strategy, is a true Palm Pilot !

[rr52387]

Outonbail,
Thank you for the advice. Regardless of what anyone believes, what I wrote is the truth. No, I had no girls on the side, no, my medication is by prescription only, and anyone who's ever been on a presciption like this know how precarious it is, you are drug tested regularly, and you can't do anything, or they quit prescribing. No I don't have a gambling habit, only time I've ever gambled was 2-3 times in Vegas.
Most of the info of the theft I have learned after the fact. It happened over a 2 year period, according to them $100-150 at a time.
I will take your advice, and speak with a lawyer, but if he says the same as you all 2-15 years, I'll only have one choice left. A jail sentence for me would be a death sentence, and I'll not die in jail. I'll take care of it myself.
Thanks again.

[cyjeff]

Originally Posted by rr52387

Outonbail,
Thank you for the advice. Regardless of what anyone believes, what I wrote is the truth. No, I had no girls on the side, no, my medication is by prescription only, and anyone who's ever been on a presciption like this know how precarious it is, you are drug tested regularly, and you can't do anything, or they quit prescribing. No I don't have a gambling habit, only time I've ever gambled was 2-3 times in Vegas.
Most of the info of the theft I have learned after the fact. It happened over a 2 year period, according to them $100-150 at a time.
I will take your advice, and speak with a lawyer, but if he says the same as you all 2-15 years, I'll only have one choice left. A jail sentence for me would be a death sentence, and I'll not die in jail. I'll take care of it myself.
Thanks again.

If you are serious, seek help.

If this was just another in a long serious of drama induced monologues designed to make us all take a step back and say, NOOOOO, you are really innocent... you don't know us very well.

So where is the money?