White Collar crime sentencing

[ElaineJH]

What is the name of your state? NY

person about to be charged with felony b/c grand larceny, embezeled 600K from employer. Previous felony for issuing bad checks (maybe class E) conviction date of 1992. What does the statutue say concerning placing this as a predicate felony? apparantly if its 10+ yrs then the sentencing for the current felony changes significantly. What date is used? date of arrest of new felony to figure the 10 yrs on the previous felony? Date makes a difference in deciding sentence whether we're looking at mandatory jail time 5-15 yrs or NO MANDATORY jail time (i'm sure ada will look for some type of jailtime) anyone that can help would sure be appreciated.

2nd Question: anyone have any advice/experience with alternatives to standard prison time like jail weekends, house arrest, boot camp - that type of thing? how likely is something like this to be considered. Person wants terribly to pay all of the money back and can come up with 100K up front to give back, and person has a small child with no one to really look after him/her. Any help given would be appreciated.

 

[HomeGuru]

What is the name of your state? NY

person about to be charged with felony b/c grand larceny, embezeled 600K from employer. Previous felony for issuing bad checks (maybe class E) conviction date of 1992. What does the statutue say concerning placing this as a predicate felony? apparantly if its 10+ yrs then the sentencing for the current felony changes significantly. What date is used? date of arrest of new felony to figure the 10 yrs on the previous felony? Date makes a difference in deciding sentence whether we're looking at mandatory jail time 5-15 yrs or NO MANDATORY jail time (i'm sure ada will look for some type of jailtime) anyone that can help would sure be appreciated.

2nd Question: anyone have any advice/experience with alternatives to standard prison time like jail weekends, house arrest, boot camp - that type of thing? how likely is something like this to be considered. Person wants terribly to pay all of the money back and can come up with 100K up front to give back, and person has a small child with no one to really look after him/her. Any help given would be appreciated.

**A: kiss this person goodbye.

 

[ElaineJH]

response

do you have anything costructive to add by any chance?

 

[HomeGuru]

Re: response

do you have anything costructive to add by any chance?

**A: yes, you made 2 threads.

 

[Pfaffing85690]

you made 2 threads.

Hey, if you keep this up you'll have enough to knit a nice little blanky for her while she's in prison

 

[HomeGuru]

And da widdle blankey will have "I'M BUBBA"S" knitted in large words.

 

[ElaineJH]

response

Why is everyone so nasty? I have a serious question about figuring out dates for the NY statutue and this is pretty serious stuff. This alleged thing wasn't done out of maliciousness, she had a family and a child to support, she didn't take trips and buy expensive things (that we know of anyway) and I'm trying to arm her with some good information.

 

[Pfaffing85690]

This alleged thing wasn't done out of maliciousness, she had a family and a child to support,

Lady, you are either delusional, stoned or just plain an idiot.

$600,000 this time and she only has $100,000 left to pay back? I don't care if you do live in New York. I can go 10 years without spending $500,000 and I live very HIGH on that Hog.

If you haven't figured it out by now, I for one don't give a rat's ass if you find the answer or not. this "person" is a repeat felon and I'm only happy she doesn't work for me.

 

[HomeGuru]

Re: response

Why is everyone so nasty? I have a serious question about figuring out dates for the NY statutue and this is pretty serious stuff. This alleged thing wasn't done out of maliciousness, she had a family and a child to support, she didn't take trips and buy expensive things (that we know of anyway) and I'm trying to arm her with some good information.

**A: then where is the $600 GRAND?

 

[stephenk]

doesnt your friend have an attorney? If yes, what did the attorney tell in response to the questions you posted?

 

[ElaineJH]

reply to stephenk

yes, she does and the attorney had to check the statute - so i'm back to my original question about time/dates/etc...

 

[ElaineJH]

reply to 85690

well, goody gumdrops for you. however, **** happens and stuff gets out of control. if she had a drug problem or a gambling problem, her time would be far less. so go figure, at least she's telling the truth and not blaming it on the drugs/gambling/whatever.

 

[Pfaffing85690]

That's right. She's just greedy and a liar.

Listen, I'm not going to waste time on you OR your friend. $500,000 and she deserves every day in jail.

There are plenty of people in this country who survive, thrive and raise wonderful kids with moral on less than $25,000 a year and you have the guts to try and make your friend out as "NOT" a druggie, an alcoholic or other affliction.

Get real lady. She's a thief. And a repeat offender. She deserves more than what she'll eventually get.