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LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience:  30 years legal experience
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I am due to start the process of court. I have committed and

Customer Question

I am due to start the process of court. I have committed and charged with 2 counts of embezzlemet of over $200.00. Have never been in trouble with as much as a sppeding ticket, have served in the Navy for over 25 years. Have coorperated fully with the investigators in this case. Question is what are my chances of receiving a suspended sentence for these charges
Submitted: 4 years ago.
Category: Criminal Law
Expert:  LawTalk replied 4 years ago.
Good morning,

I'm sorry to hear of your dilemma.

Misdemeanors and non-violent felonies committed in the state of Virginia are subject to deferred sentencing--meaning that jail is avoided. Often it results in a probationary period, and a fine--as well as the expense of supervision.

Given your clear record, you may well qualify for a deferred sentence. Get a local attorney to assist you in negotiating for such a sentence.

Here is a link which will provide you with additional information:

http://law.justia.com/virginia/codes/toc1902000/19.2-303.3.html

Another good thing about a deferred sentence is that after you have completed the probation period, and paid all the costs/fines associated with the sentence, then the charges are dropped and you don't have an official criminal conviction.

I wish you well in 2010.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

 


Customer: replied 4 years ago.

The problem is I just scared as heck from talking to my lawyer and just need some inside advise. He is charging me a mint 12,000.00 for 2 counts of embezzlemet that occured over a 18 month time. The total amount was on 15000.00. Like i said i can do the defferred charges because this will never happen to me again. I guess my question is this

 

1 Why is the charge so steep for my attorney?

2 Is my chance of getting deffered charges really that good?

3 Will my 25 years in the military help and be taken into consideration

Expert:  LawTalk replied 4 years ago.
Good morning,

1. Charges vary from attorney to attorney and you apparently happened to pick an expensive one.

2. There is no way that I could predict that simply based on your statement of facts. Your attorney will have a better idea based on his knowledge of the local prosecutor's office and the judge.

3. Your past military history will play a part in which way you can expect the court to lean in sentencing---yes. Just as it would be a bad thing to be a lifetime criminal when it comes time to face sentencing, a stellar life with no criminal history is in your favor.

I wish you well.

Please don’t forget that I only receive credit for having helped you when you click on the Accept Button located at my Answer.

Doug

LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience: 30 years legal experience
LawTalk and 6 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

Thanks

 

With a deferred sentenance will this stay on my record after the defferrement is over?

Expert:  LawTalk replied 4 years ago.
Good morning,

There would be no conviction in a deferred sentence. The charges would show as having been dropped after you completed probation.

I wish you well.

Doug
Customer: replied 4 years ago.
Going into the second part in few weeks. When can I start requesting a plea bargin
Expert:  LawTalk replied 4 years ago.
Good evening,

Your attorney will know the best time to discuss a plea---based on his/her experience with the prosecuting attorney's office.

Good luck to you.

Doug

Customer: replied 4 years ago.
What do you mean their relationship
Expert:  LawTalk replied 4 years ago.
Good morning,

I mean the knowledge that a local defense attorney has of the individual ADA handling your case---and perhaps they are on a very cordial basis.

While I suspect that you may have more questions as regards XXXXX XXXXX as time goes on, under the rules of JustAnswer, users are supposed to ask only one question per question thread. While your many follow up questions do relate to the facts you have initially stated, they are in fact new and different questions and should be placed into a new question thread.

Have a great day.

Doug

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