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AttorneyTom
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Category: Criminal Law
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I was charged with theft by taking fiduciary in georgia and

Customer Question

I was charged with theft by taking fiduciary in georgia and it is my first offense, what could happen to me?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 4 years ago.
Hello! Thank you for bringing your question to JustAnswer! I'm T-USA and I'll be happy to provide some valuable information!

I've spent the last several minutes reviewing and researching your question. As you review this answer, please keep in mind that I only get credit for answering your question if you click Accept, so I'd be grateful if you'd do so. You'll still be able to ask follow-up questions using the Reply feature.

Theft by Taking is covered by Georgia Statutes Section 16-18-2. However, 16-8-12 specifies that the offense is greater when it involves a fiduciary.
"If the property was taken by a fiduciary in breach of a fiduciary obligation ... [the crime is punishable] by imprisonment for not less than one nor more than 15 years, a fine not to exceed the amount [$100,000], or both."
Therefore, fiduciary taking is punishable by 1-15 years in prison and/or a fine up up to $100,000. This is a very serious crime and you absolutely want to retain an attorney to defend you. If you cannot afford one, you can ask the court to appoint one for you.

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I don't get any credit for my time and effort spent answering your question unless you click Accept.

Please use Reply to let me know if you have any other questions!

Thank you again for coming to JustAnswer!
Customer: replied 4 years ago.
it happened when i was working at SEARS and i was just told that i could plea first offender i never been in trouble before and i do have a public defender i just cant reach her.
Expert:  AttorneyTom replied 4 years ago.
You didn't really ask a question with your previous message. However, I can provide some information.
With the GA First Offender Act, the court can basically choose not to enter a judgment of guilt and sentence the defendant to probation or a period of incarceration when the defendant pleads guilty or no contest. With such an arrangement, the individual doesn't have a criminal conviction on his record and his civil rights (voting, firearms, etc.) would not be affected once the supervisory period was completed.
Whether or not taking the deal is wise will depend on the details of your situation, as your attorney may or may not feel there's a basis for a strong defense for you. You definitely want to involve your attorney in that decision. Sometimes it takes a while to reach a public defender, as they are overworked due to funding limitations (too many clients, too few attorneys). However, your attorney should call you back and, if she doesn't, you may wish to contact a supervisor at the public defender's office, as the supervisor may be able to resolve the contact issue.

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I don't get any credit for my time and effort spent answering your question unless you click Accept.

Please use Reply to let me know if you have any other questions!

Thank you again for coming to JustAnswer!