If you were an employee of the hotel, the criminal
charge that could be brought against you is embezzlement.
Embezzlement is a kind of property theft
. It occurs when a defendant, who was entrusted to manage or monitor someone else’s money or property, steals all or part of that money or property for the defendant’s personal gain. The key is that the defendant had legal access
to another’s money or property, but not legal ownership
of it. Taking the money or property for the defendant’s own gain is stealing; when combined with the fact that this stealing was also a violation of a special position of trust, you have the unique crime of embezzlement.
In Illinois, embezzlement is punished according to the value or type of property stolen. (720 Ill. Comp. Stat. Ann. § 5/16-1(b).)
- Money or property is worth $500 or less. If convicted, the defendant will face a fine of up to $2,500, up to one year in jail, or both. However, if the defendant has previous theft-related convictions, penalties increase to a fine of up to $25,000, between one and three years in prison, or both.
Because you have never been convicted of a crime, you may be eligible for a "deferred prosecution." That means that you would serve a probationary period and follow all of the terms of the probation as set forth by the court. For example, you will have to pay back the money to the hotel. You will have to stay out of trouble--not get arrested or convicted of any crime during the probationary period, pay fines/costs, and do anything else as ordered by the court.
If you successfully complete the term of your probationary status, then the case will be dismissed at the end of the period.
It is HIGHLY advisable that you speak to an attorney who specializes in criminal law. An initial phone consultation for 1/2 hour is at a minimal charge pf $25. You can discuss the specific facts of your case, evaluate your options and decide how to proceed. Below is a link to the attorney referral service.
I hope you find this information useful.
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