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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31028
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have been charged with embezzlement of 92,000 from my employer

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I have been charged with embezzlement of 92,000 from my employer in WV. What kind of sentence am I looking at?

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.
Kirk Adams : In West Virginia, embezzlement of $1,000 or more carries a penalty of at least one - and up to - ten years in prison. However, the judge has the discretion to treat the conviction as he/she deems fit.
Kirk Adams : If there are multiple counts - - meaning that there was more than one occassion where at least $1000 was taken, there could be multiple counts to represent each act.
Customer:

I have never been in trouble before, I have never even had a speeding ticket. Yes, there are multiple counts.

Kirk Adams : That said, MOST judges want to try and do something where the person accused can repay the money.
Kirk Adams : So, judges usually want to minimize jail time so restitution can be made.
Kirk Adams : Each count can carry 1-10 years, so this could get very serious in a hurry. But, if you have never been in any trouble, you should be able to do some damage control in terms of jail time.....but, restitution will be required in all likelihood.
Customer:

That is good. I am trying to get a job and I have family that is going to help. I have not been convicted or even went to court, show would my arrest show up in an employee background check?

Kirk Adams : I know this goes without saying, but you need to consult a local criminal defense attorney to review the charges, evidence and try to work out some type of deal with the prosecution to minimize your expoure in this.
Kirk Adams : Yes, your arrest (and conviction if that were to occur) would show up on a background check.
Customer:

So, the faster I can pay all the money back the better.

Kirk Adams : Certainly...
Customer:

Thank you.

Kirk Adams : No problem.
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