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romlawyer, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1170
Experience:  JD, 75+ Trials, 1000s of cases, Licensed in PA
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I was a clerk treasurer of a small town and overpaid myself ...

Customer Question

I was a clerk treasurer of a small town and overpaid myself at the audit i was told i had to pay it back, which i did, then 3 years later i was audited again and was told i overpaid my salary again and would need to pay it back before the exit interview which i did, then i resigned, two years later the new clerk treasurer got audited and they found that one of my checks came back nsf and i was told to make it good, which i did immediately. then 6 months later i get a target notification that i have to go before the grand jury for a theft charge, i am 35 years old never been in trouble a day in my life not even a speeding ticket. the over payments i made i made good and i have not been in that position for 2 years, i''m not sure what they want from me, i have made corrected everything i could. do you think i will get indited from the jury? is jail even a possiblily or probabation, since i''ve never been in trouble before.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  romlawyer replied 8 years ago.

At worst probation....

That said, if the overpayment was not intentional it was not a crime!

So with your attorneys help you should be able to avoid charges entirely. If not, probation is the worst you should expect.....

romlawyer and 6 other Criminal Law Specialists are ready to help you
Expert:  romlawyer replied 8 years ago.
DId this help?
Customer: replied 8 years ago.
over 6 years of being in office i overpaid myself not intentionally, 7-9 thousand dollars, just from not paying myself consistantly and i did get paid out of 2 funds, all my audits were not good bookkeeping wise, not just with my salary that's why i don't do that position anymore, when i resigned the town went through 3 clerk treasurers in 6 months and the current clerk's audit wasn't very good either and she has 2 duputy's, hired helped from a former treasuer of 17 years and outside payroll services doing all payroll and taxes, this is what i was doing at night as a second job except all by myself, i had no real idea what the job really was, i thought taking minutes at a meeting and paying bills, it's so much more than that, they are saying i took the money on purpose, and i paid it back when i got caught, i am saying i didn't know i overpaid until the auditor brought it to my attention, i knew i would get auditied every 3 years, and i'm the one who handed her over all the records, check copies, i wasn't hiding anything, do you think i will get indicted? they are going for a felony charge, would they plea? should i take a plea? what is the worst case outcome? do you thin jail is a possiblily? why a grand jury couldn't they just arrest me if they thought i really did this on purpose?
Expert:  romlawyer replied 8 years ago.

The grand jury is mainly to assemble the case.. and for prosecutors to see how lay people react to the alleged facts..

That said, you need a criminal attorney to help you organize a response to the authorities, and if it is done before you are charged, charges might be headed off...

And if not, and you choose not to try and vindicate yourself by trial, you can reach a resolution by plea agreement, whereby you avoid jail and / or a felony charge entirely...

Plea agreements are normal and routine, and one will be most certainly be offered in your case, the trick is getting a plea you can live with...

If you have no prior record, I do not think jail is likely.



Customer: replied 8 years ago.
Thank you for your advice, it gave me much piece of mind at a time when I needed it most, the grand jury came back with no indictment, all further investigation is now dropped, and my good name is cleared.
Expert:  romlawyer replied 8 years ago.


and thank you for the wonderful compliment!

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