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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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I was an employee of a Hotel chain and was caught giving complimentary

Customer Question

I was an employee of a Hotel chain and was caught giving complimentary rooms. The total services will be less than $500. I have paid one of the rooms, but not the other two. What type of charges can be filed and what are possible outcomes if the hotel files charges?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

Have you ever been convicted of a crime before?

When do you plan on paying for the other 2 rooms?

Thanks
Customer: replied 1 year ago.

I have not been convicted of a crime in the past. I had charges dismissed in another state.


 


I was caught and paid for one room today. I imagine when they view the footage of the past week they will find two other rooms that were complimentary. So I suppose I will pay when and if they discover it.

Expert:  xavierjd replied 1 year ago.
Hi Luis,

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.


http://www.illinoislawyerfinder.com/find-a-lawyer

 

I hope you find this information useful.

 

 

 

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

XavierJD

 

 

 



Customer: replied 1 year ago.

I am just wondering if the terms of embezzlement are the same for the state of texas. and also If you can refer me to a lawyer in texas.


 


If files are charged for embezzlement what are my options if I move out of the country? Is this something that is still just a misdemeanor?

Expert:  xavierjd replied 1 year ago.
If your daughter's ex becomes behind in child support, there are several ways that she can use to collect the monies through the Illinois Child Support Services. But she must contact the agency. Among the ways to collect back support are:
  • Submittal to the:

    U.S. Department of the Treasury for federal tax refund interception administrative offsets paid out by the federal government.
    State Department if $2,500 or more is owed, for pursuit of passport denial, revocation, restriction or limiting.

  • Illinois Comptroller. Submittal to the Consumer Reporting Agencies.

  • Illinois Department of Revenue for state tax refund interception.

  • Illinois Department of Health care and Family Services' Collection and Asset Recovery Unit.

  • Illinois Department of Professional Regulations or other state licensing agencies.

  • Private collection agencies.

If her ex is able to speak and is competent, he may pay support electronically:

 

How to Pay Electronically

An easy and secure way to make your required child support payment on line using a credit card. You will have to register to use this service. If you have an Illinois case, a convenience fee is not charged. Visa, MasterCard and Discover are accepted. It may take up to seven business days before your payment is posted to your child support account.

An easy and secure way to allow you to make your child support payments through automatic deduction from your savings or checking account (weekly, bi-weekly, monthly, etc). You will have to register to use this service and pay a one-time registration fee of $2.50. There is a validation period to verify the checking or savings account. Payments may take up to five business days to be posted to your child support account.

  • Pay by Phone, calling 1-866-645-6348

There is a registration process for first time users. Once registered, you can make your child support payment using Visa, Master card or Discover. Your payment may take up to seven business days to be posted to your child support account.

 

I hope you find this information useful.

 

My goal is to provide you excellent service. If you feel that you have gotten anything less, please do not rate me and reply back with any follow up questions. If you are satisfied with the answer, please rate it as such. Thank you for your business.

 

Xavierjd

Expert:  xavierjd replied 1 year ago.
Hello Luis,

I apologize for giving you the Illinois information. I will look up the information for Texas and be back with you shortly with an answer.

Thanks for your patience.
Expert:  xavierjd replied 1 year ago.
Hi,

I don't know how the questions got confused. I did provide you the appropriate information for illinois law for child support.

xavier jd

 

Expert:  xavierjd replied 1 year ago.
Hi Luis,

I don't know what is going on with the answers! Anyway, here is the answer regarding the law of embezzlement in Texas.

Hi Luis,

Under Texas law, embezzlement is essentially employee theft.

Whether you work the register at a store in the mall or oversee the accounts of a large corporation, you are put in a position of trust to handle your employer’s money and goods. When an employer suspects you are taking advantage of this trust, they may investigate you.

 

If the allegations of financial theft are shown to be likely, you could face charges of embezzlement.

 

Embezzlement under $1,500.00 is a misdemeanor punishable by up to 1 year in jail plus fines and costs and restitution to your employer.

 

Texas also allows for deferred prosecution, or pre-trial diversion. If you comply with the terms set forth in the deferred prosecution or pre-trial diversion agreement, at the end of the probationary period, the case would be dismissed.

 

Again, It is HIGHLY advisable that you speak to an attorney who specializes in criminal law. 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.


http://www.texasbar.com/Content/NavigationMenu/ForThePublic/DoYouNeedaLawyer/Certified_Lawyer_Referral_Services/default.htm

 

DO NOT MOVE OUT OF THE COUNTRY! If you do, and you do not appear in court, a bench warrant may be issued for your arrest. Once you resolve the matter, depending upon your sentence, you may ask the judge if you can leave the country. It is totally up to the judge as to whether you can do so.

 

 

 

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

XavierJD

 

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