Felony embezzlement, first offense, need help.

[SemiCharmedLife]

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

Hello, I am 22 years old and live in Oklahoma City, Oklahoma. I was arrested last month for the first time ever and have no record. I was working at a department store and basically over a period of about a month on random dates I stole money from the register working at the front end and in customer service. I'm lucky to have never been arrested before, I have a drug abuse history, was a heroin addict, and am now going daily to a Methadone clinic for treatment. I'm also addicted to benzodiazepines (xanax, valium, klonopin, etc) but am prescribed them legally for anxiety and panic attacks. About a month after quitting my job I was called by a manager and asked to come complete an "exit survey." It was basically a set up. Loss prevention was there and claimed they had video evidence that I had stolen money from the store. I know this is not true because of the way I took the money, even if a camera was zoomed in on my every move it would have been impossible to detect what I was doing, however I was sorry for what I did and knew that I had been on the register each time money was missing even though they did not count the money before changing shifts at any time. I honestly did not know how much money I had taken, but I really didn't think it was more than $600, however I agreed to cooperate with loss prevention because I was told it was likely we could resolve it in company and I could just pay them back. They had me write a statement admitting that I had stolen just barely over $1000, I believe it was about $1030 even though I repeatedly told them I didn't honestly think I took that much, but that was how much was missing over the entire day so stupidly I just agreed to pay for it all not realizing I had basically been conned into admitting to a felony rather than a misdeameanor as I was later told that anything under $1000 would have been a misdeameanor but I was badgered into adding more and more money on my statement until it was just over $1000 at which point they called the cops and had me arrested. I know it's too late to dispute that, I'm pretty sure they recorded our conversation and I admitted my memory was foggy because of the xanax I take so I couldn't be positive exactly how much I took. My arraingment is in 3 days and I don't know what to expect. Officially I was charged with 1 count of felony embezzlement and 2 counts of misdeameanor embezzlement for the seperate days I took money. Like I said this is my first offense of any kind. I'm really pretty scared knowing I could be facing a lot of jail time for what at the time I didn't think would ever turn into a felony... has anyone else been in this position or know what to expect for these kinds of charges? I know a lot of it depends on state, the judge, and former record but I just need some kind of idea what to expect. Any help would be appreciated.

[IsabellaSoriano]

you really REALLY need an attorney.

[SemiCharmedLife]

Originally Posted by IsabellaSoriano

you really REALLY need an attorney.

Yeah... that would be nice. Problem is I literally have NO money, don't know where to look, who to trust, and am at the point I've pretty much just given up.

[Antigone*of*Greece]

Originally Posted by SemiCharmedLife

Yeah... that would be nice. Problem is I literally have NO money, don't know where to look, who to trust, and am at the point I've pretty much just given up.

Go to your arraignment and ask the court if you qualify for a public defender.

[SemiCharmedLife]

Who do I ask for a public defender? The judge, or someone before I get in front of the judge?

EDIT: I don't know what the requirements are for a public defender, but if it is based on income and that sort of thing I should qualify without a doubt. I'm already on food stamps and now unemployed and literally do not own $1 to my name. I'm completely lost and just have this bad feeling that I am going to screw myself over when there may be something I could do to atleast give me a better shot at getting a fair sentence. I don't know how much bail bondsmen differ from city to city and state to state but mine is the most well known one in my area and he has had me call in once a week to check in, but usually he has people come in to see him he just didn't consider me a flight risk. He wants to me to come by before I go to court, I was wondering what this is for? Is it just to pay him some fee or something or is he going to help me or what? Bail is already completely paid off so I'm not sure what's going on... just never been in this situation before.

EDIT 2: When I am in front of the judge do I have to call him "your honor" or can I just reply with yes or no or just call him "sir"... I would prefer "sir" because "your honor" just makes me feel weird saying it.

[haplesshome45]

Just address the Judge as "Judge." That is plenty.

The requirement to address the Judge as "your Honor" is only on attorneys.


EDIT 2: When I am in front of the judge do I have to call him "your honor" or can I just reply with yes or no or just call him "sir"... I would prefer "sir" because "your honor" just makes me feel weird saying it.[/quote]

[haplesshome45]

Since you have already posted a bail (by your bondsman) and you indicate you have deposited the full amount of the bail with the bondsman then he is paid (plus probably his 10% bond fee) so now the bond belongs to you and he is out of the picture.

Since you are bonded you will be allowed to come and go to the various stages of your appearances in Court as long as you actually show up on time each time. If you do not show up for a hearing then your bond will be forfeited and a re-arrest warrant will be issued, at which point if you get scooped up by the police you will probably end up spending a nnight or weekend in jail and be facing a substantial new bond, probably $5,000. So do not fail to show up for all hearing dates. If you are sick then you ask for a continuance, which you can get "by consent" by negotiating with the prosecutor. Be sure to independently inform the Clerk of the Court of any continuances, or you will be facing a forfeited bond and re-arrest.

When you show up in court, apparently tomorrow, you are merely facing Arraignment. At that point the Judge or magistrate takes note of your arrival and will probably ask for your plea. You can either plead "innocent" or state that you do not wish to enter a plea (which is what I would do, but it amounts to the same thing.). At that point the Magistrate will be entering a plea of "not guilty" into the record which is a formality. Of course if you plead "guilty" then it is all over and I advise against that.

You are fully entitled to a Public Defender. You are facing a felony complaint so it is long-settled Constitutional law that you are entitled to representation before the Court. Since you have no job and no cash it is automatic. Hustle your butt down to the Public Defender's office and get representation. that is an absolute MUST for you to do since otherwise you do not know what you are doing.

Meanwhile, make no statements to anyone about the case other than your own attorney and then only in the privacy of his office, with no one around to hear you, known in lawyer-speak as clamming up. Whatever you say in public, including about the "merits of the case," is going to come back to haunt you.

Let your attorney do all the talking. say nothing. You are not obliged to answer anything even a question put to you by the judge. If anyone asks you if you understand "those rights" as the prosecutor or policeman might ask you, your answer is always "NO." Even constitutional scholars do not understand the subletities of the Miranda case so how could yoou be expected to?

After the arraignment the matter is set down for scheduling for a hearing. At this point your case enters the netherworld of paper-wars, with various Motions including Discovery and so forth going back and forth. relax, this is all part of the legal system. Not to worry. In the big picture you are not going to jail. the jails are full with serious offenders and some petty embezzler like you is not ending up taking up valuable real estate, even in a crazy State like Oklahoma. Your Defender and the Prosecutor are going to end up in a series of negotiations where you get "plea-bargained." Remember all these players especially the prosecutor are far too busy dealing with serious crimes to spend their energies screwing around with your petty thefts. I rather suspect they will end up with some form of deal with restitution of some fixed sum over time and possibly some fine. You might even, dependent on your State laws, end up with a form of "accelerated rehabilitation" where your record gets swept clean after one year if you stay out of more trouble (and that is a good plan in any event).

My guess is that the Defender will file Motions to Suppress the evidence, on various grounds including failure to advise you that you were under suspecion of crime, and so forth. There are questions as to whether the "investigators" were acting under "color of law," e.g. were masquerading as policement even though they were not, and so whether the Miranda warnings were properly issued. This is a very hairy field of law that leads to all manner of challenges; if the evidence, e.g. the tape of your "confession," is tossed then the Prosecutor's case collapses. I would suspect the Prosecutor is not interested in spending days on challenges to his evidence so that is why you are more likely headed for a plea deal.

So here is the game plan:

1. get your butt down to the Defender'sd office and get signed up. Yes, you qualify.
2.

[haplesshome45]

After you get the Defender:

2. Be sure to show up in Court on time on each hearing date.

3. Let your attorney do ALL the talking. If the judge asks you something directly, say "I defer to my counsel." Let the attorney answer. You are not obliged to say anything at all to the Court. Let the attorney enter the Plea.

4. Try to relax a bit. This is going to work out. then concentrate on rehab and get a job. You always look a lot better to the Court if you are employed. If you are not employed, then you should be sick in the hospital, or under a doctor's supervision. If your job pays little you still get a public defender, which is your case for sure.

5. You really have to get serious about your life and stay away from dope. Remember, they don't call it Dope for nothing. that stuff is guaranteed to totally ruin your life.

6. The key to success in the court system, civil or criminal, is preparation. remember that the other side is not interested in your petty bad behavior. And for goodness sake resist utterly the temptation to go stealing. Aside from being criminal, it really is tacky behavior.

7. If you get accelerated rehabilitation, that is your one shot at staying off the criminal records roll. You do NOT get a second shot. be forewarned.

All the above is NOT from a lawyer and is NOT to be construed as legal advice. It is simply common sense.

[haplesshome45]

Since you are recorded as making the statement that you were "on xanax" which is a powerful medication, I rather suspect that your public defender's Motion to Suppress Evidence will succeed, as statements made while on medication are typically rejected as reliable. Once the recording and the statements are tossed then the question arises as to the "reasonable doubt" aspect of any taking of funds over $1,000 which collapses the prosecutor's case. And that is precisely why your Defender is going to get some very good resolution, possibly accelerated rehabilitation. Stay out of more trouble.

[haplesshome45]

"statements rejected as reliable" should read: "rejected by the Courts as being inherently unreliable as a source of evidence."

The second reading is to clarify the ambiguity in the preceding posting.

[dave33]

O.k. here goes. The bondsman is not out of the picture. He is very much in your life until the disposition is finalized. She has not deposited the full amount of the bail. The $ she gave him was the fee for his services. Now, the bondsman has a vested interest in her court appearance. The reason the bondsman wants to see you is probably more money. Usually because this is going to superior court(felony) the bondsman has to transfer some paperwork. She will be arraigned in district court (misdemeanor) than the case will be transferred to superior. Some bondsman want a small fee for this others do not. Also your 1st appearance will include an arraignment,where the judge will enter "no plea" because they cannot take a plea for a felony in that court. Than the 2nd part of the same appearance will include a " determination of attorney" procedure. This is the time when the judge will ask about your lawyer. Respectfully ask the judge to be referred to the p.d.'s office. You will go to the p.d.'s office and asked a series of questions to see if you qualify. You do not get a 2nd chance to change your answers, so get it right. You are unemployed, no savings, no credit cards, bad credit and a mountain of debt.
So at this point you are still out on bail, and your next date is your pre-trial conference.Now you have to decide if you want to try and use the drug problem for a defense or not.Right now it is a theft charge, by admitting the drug issue you will be court ordered treatment. This is something you shoud think about. It sounds like you need help, but involving the state in the process sometimes only serves to complicate things.You also have to decide if you want to fight the charges or take a deal. If you choose a trial, and your lawyer files motions on your behalf than any offered plea deal is removed. Also, something worth mentioning however obvious,is that you are represented by a public defender. You must not lose sight of this fact when making all decisions.oh yea, I sincerely hope you learned your lesson about making statements. I also hope you realize without your statement you would most likely not be dealing with this scenario. goodluck. Dave