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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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Would I be sent to prison if I pay back the money I embezz

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Would I be sent to prison if I pay back the money I embezzled?
Hello

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

Is this something you have already been convicted of?

Do you have any prior convictions?

Are you being charged?
Customer: replied 3 years ago.
Not convicted yet, no prior convictions, I am not charged yet but I will be and wanted to see if I offer to pay back what I took, would I still get prison time? The amount taken is $1.0M
Hello

Thank you. IF you offer to repay it, it will be up to the "victim" to stop the prosecutor from proceeding. Though the prosecutor has the final word. And if you are convicted you will be Ordered to pay it back anyway

As to going to jail, I suggest if you can have a local attorney negotiate this for you the District Attorney may recommend a suspended sentence with the restitution
Customer: replied 3 years ago.
For that kind of amount, do you think I would get suspended sentence or home arrest?
Hello

Well that amount is consider grand theft. And it can be charged as a Wobbler. That means either a misdemeanor or a felony and mitigating and aggravating circumstances are considered upon sentencing

If a misdemeanor conviction, which is could be if you can repay the money, the sentence is up to 1 year in jail and yes, I suggest it would be suspended with a local attorney negotiating that for you

If a felony conviction the sentence is 16 months to 3 years. And again a suspended sentence is very possible.
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