• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

embezzelement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

W

worried1570

Guest
What is the name of your state? california

i was wondering what are the sentencing possibilities for someone who has embezzeled 3,500 dollars but has already paid back 2,000 dollars of it to the company. the person has a clean record, has never gotten into any other trouble before. the public defender told the person that they want to plead not guilty, is that a good idea? and if found guilty what are the punishments?
 


K

KeyLegal

Guest
By having repaid $2000 of the $3500 embezzled, the person has given proof they took the money. Therefore, the public defender wanting them to plead not guilty is suspect. On the other hand, the fact they have repaid this much is a good point in their favor. I would strongly encourage the public defender to attempt to work out a program with the prosecutor to defer prosecution on the condition the person continue to repay the money and with the written understanding that all charges would be dropped when the money was fully repaid. The person should not get directly involved in the discussions, but should be "waiting in the wings" for consultation and approval of any plan worked out. If this is absolutely, positively impossible, and the person cannot afford a paid attorney, then and only then, if it were me, would I go along with a guilty plea, and then make very, very sure the court was fully aware of the refusal of the prosecution to accept the plea. The judge always has the right to delay accepting a guilty plea in such a case and, in effect, accepting the deal the prosecutor turned down. In a situation like this, it ain't over till the fat lady sings.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top