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.
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.
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.
So, the faster I can pay all the money back the better.
Kirk Adams : Certainly...
Kirk Adams : No problem.