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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13177
Experience:  Experienced in multiple areas of the law.
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OK and what if you've taken less than $300 worth of stuff

Customer Question

OK and what if you've taken less than $300 worth of stuff and embezzled like $3 dollars, I think those are all petty theft and embezzlement and first offense, so what are ways jail can be avoided for these things? ALso could they be resolved out of court?
IF you were working for an employer and took these things and it's your first offense, also you're a hoarder and didn't do it to steal, even though you did, you left most of the items in tact.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for your question.Anything taken under $1,000 is petit larceny. This is a Class A misdemeanor, which carries a potential $1,000 fine and/or up to a year in jail. For a first offense, a judge and a prosecutor is not going to be looking to put someone in jail, in my experience. They are far more likely to give a defendant probation if they are found guilty or plead guilty. They mat also offer something like ACD, which would avoid jail entirely. Whether it could be resolved out of court is up to the employer. That's not a legal question - because the decision rests entirely with the employer. A defendant could have a lawyer negotiate with the employer to not report the matter to authorities or if the matter is already in court, negotiate with the prosecutor to drop the charge in exchange for, say, the defendant paying restitution to the employer.
Customer: replied 1 year ago.
Can you have a lawyer talk to them even before they have charged you, like if they have been filming you on camera or do you have to wait to be charged first?
Expert:  RobertJDFL replied 1 year ago.
You can have them speak to your employer at any time. If you believe that your employer has evidence against you and may seek to report you to the authorities, it would be a good idea for them to speak on your behalf to attempt to reach a resolution.
Customer: replied 1 year ago.
ok and if I'm still working for them, do I quit now and try to get a lawyer or keep working for them, get a lawyer and try to reach an agreement? WHat do I do? I've been working for them but I think they're making me work for free and staging things to gather evidence against me.
Expert:  RobertJDFL replied 1 year ago.
Well, they can't make you work and not pay you, if that's what you're saying. Chances are that any agreement you would reach with them to try and get them not to report you to authorities would involve you resigning and agreeing not to seek unemployment benefits, as well as restitution. I wouldn't necessarily quit now unless you think it's counter-productive or they really are just using you to try and get more against you. I'd wait and continue working as long as possible while I found a lawyer.
Customer: replied 1 year ago.
I've been working for a month and I've taken things during this month and they caught me sometime last week so I shouldn't talk to them and ask them not to report to authorities or do you think they've reported it? Also, what is the fastest way I can get a lawyer?
Expert:  RobertJDFL replied 1 year ago.
I would not talk to your employer without a lawyer or answer questions they may ask you about things you allegedly took, as anything you say could be used against you in court. I really have no way of knowing if they reported or not, so I cannot answer that. Call the NY bar association lawyer referral hotline, they can find you a lawyer in your area and you can arrange a consultation.
Customer: replied 1 year ago.
what is their phone number?
Expert:  RobertJDFL replied 1 year ago.
LAWYER REFERRAL AND INFORMATION SERVICE1(###) ###-####**@******.***
Customer: replied 1 year ago.
do you know what are the prices or are they free?
Customer: replied 1 year ago.
But if a lawyer negotiates with them, wouldn't that be admitting that I am guilty?
Expert:  RobertJDFL replied 1 year ago.
A half hour consultation using the service is $35 for the consultation, then after that you'd have to negotiate with the lawyer what their fee is. Lawyers fees vary on a number of factors - their experience, years in practice, success rate, etc. And yes, you're admitting guilt, but the goal of the lawyer at this point would be to go to the employer (whom you already suspect has knowledge of your theft) and try to keep them from reporting the matter to the police.
Customer: replied 1 year ago.
If I admit guilt, would I go to jail right away if they don't want to negotiate out of court or they would have to go to court first? Also, once they report it to the police, would I still be able to negotiate outside of court?
Expert:  RobertJDFL replied 1 year ago.
I cannot say whether the police would take you to jail right away or whether they would conduct further investigation. That's up to them. Assuming you are arrested for this, you could still negotiate with the prosecutor to minimize your sentence or to try and get an ACD, absolutely.
Customer: replied 1 year ago.
if you get arrested, do you go to jail right away and stay there until you're court date or do you go to custody, get released and wait until court date? If you don't admit guilt.
Expert:  RobertJDFL replied 1 year ago.
Typically you'd either be given bail which would have to be paid before you could be released pending your court date (it would generally be very low for a petty theft charge), or you would be "released on your own recognizance" meaning you would be book, but then released on your promise to appear in court.
Customer: replied 1 year ago.
If you admit guilt, can they still release you from jail until you go to court or would you go to court at all?
Expert:  RobertJDFL replied 1 year ago.
Yes they can. You're still entitled to your day in court.
Customer: replied 1 year ago.
IF I admit guilt would I have to pay a fine to get out of jail until court or would it be free?
Expert:  RobertJDFL replied 1 year ago.
It's not a fine. Bail is used as a sum of money paid to guarantee your appearance in court at a later date. It has nothing to do with a possible sentence. In some jurisdictions, people charged with minor crimes are not given bail, but rather released "ROR" --on the promise to show up to their court date without having to pay bail.
Expert:  RobertJDFL replied 1 year ago.
I cannot tell you what NY does; I do not know.
Customer: replied 1 year ago.
what would be your best advice on what I should do right now in my situation? If they haven't charged me, do I still get a lawyer and admit guilt but try to resolve out of court or what? Do I continue working for them or just quit? I'm worried and just don't know what is the best thing for me to do right now? I've never done this before and I don't want to go to jail.
Expert:  RobertJDFL replied 1 year ago.
I don't know all of the facts and circumstances, and I cannot give you legal advice, as I am not your lawyer. My suggestion would before you do anything, you need to consult with local counsel. They need to get a clear picture of everything, and what your employer exactly knows (or you believe they know). I cannot guarantee that you won't be arrested or go to jail - but it seems to me that if your employer really suspected you of theft, they wouldn't allow you to keep working, they would have immediately reported the theft to police, or at the very least, confronted you. Worst case scenario -even if you were arrested - you could make bail and bond out in hours, and the strong likelihood is that even if found guilty, you wouldn't do any jail time.
Expert:  RobertJDFL replied 1 year ago.
I am sorry, but it is after 4 am here, and I am retiring for the evening. I've told you all I can about this matter, I believe, and would appreciate an accept for my time and information. However, if you have additional follow-up questions, you can reply, and I'll answer them later today (Saturday) when I am back online.
Customer: replied 1 year ago.
At what time are you back?
Customer: replied 1 year ago.
I have one last question, should I admit guilt?
Expert:  RobertJDFL replied 1 year ago.
Generally, no, you would not want to admit guilt. First thing you need to do ASAP is talk to a lawyer. If your employer confronts you, tell them you won't speak to them without a lawyer. ideally, if this is the case, your lawyer can negotiate with your employer to keep the authorities out of it. If you are arrested, I would not make any statements to the police. Even if you confess to the police though, you're still better off pleading not guilty at your first court appearance, because the prosecutor still has the burden of proving your guilt at trial, and this would give your lawyer time to negotiate a plea (you could always change your plea later).
Customer: replied 1 year ago.
I have a question, I took an envelope that was a UPS envelope and had some labels inside or something but it wasn't USPS? Would this be regular theft or mail fraud or mail theft?
Customer: replied 1 year ago.
It was addressed to the manager of the store I work in
Customer: replied 1 year ago.
it wasn't a name in particular
Expert:  RobertJDFL replied 1 year ago.
If you took it from a mail receptacle, like a post office box, or mail carrier, hat could be considered theft of mail. If you just took it from say, the back office, off a desk, I would say that would fall under regular theft.
Customer: replied 1 year ago.
are you sure?
Customer: replied 1 year ago.
I took it from the top of a desk.
Customer: replied 1 year ago.
what is a mail carrier? Is that the thing the post office person carries around or drives around, like the blue car they move around with mail inside?
Expert:  RobertJDFL replied 1 year ago.
Here's the U.S. Code on mail theft:Whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein; orWhoever steals, takes, or abstracts, or by fraud or deception obtains any letter, postal card, package, bag, or mail, or any article or thing contained therein which has been left for collection upon or adjacent to a collection box or other authorized depository of mail matter; orWhoever buys, receives, or conceals, or unlawfully has in his possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which has been so stolen, taken, embezzled, or abstracted, as herein described, knowing the same to have been stolen, taken, embezzled, or abstracted—Shall be fined under this title or imprisoned not more than five years, or both.As you can see, you have to take the mail for a postal worker (a mail carrier) or from a receptacle ore next to a mail receptacle. That's not what you did, so if they were to pursue this, I do not think they would pursue it as mail theft.
Customer: replied 1 year ago.
How long have you been a lawyer?
Customer: replied 1 year ago.
what is a mail receptacle?
Customer: replied 1 year ago.
Is a mail receptacle something that is closed?
Expert:  RobertJDFL replied 1 year ago.
Receptacle means a box like you'd see on the street, or something that you would put letters into, or a receptacle meant for mail and labeled as such. Example, I worked in an office that had a mail room, but it was well known that the boxes labeled USPS were to put mail in. I have been an attorney for over 7 years.
Customer: replied 1 year ago.
oh you mean that big box that says usps on it that are like grey?
Customer: replied 1 year ago.
Another lawyer told me that if it's not USPS, it's not federal mail and not mail theft or fraud, that if it's UPS it's just theft, I don't know if that's true?
Expert:  RobertJDFL replied 1 year ago.
Yes, anything like that. I am going to go ahead and opt out of this questioning open it up to other experts. I've been working on this with you since last night with you and we are going around in circles at this point, with respect. You do not seem to want to accept any answers to questions asked. Please do not reply back to me as it will only send the question back to me to answer, and prevent other experts from being able to assist you should they choose to do please do not reply back to me as it will only send the question back to me to answer, and prevent other experts from being able to assist you should they choose to do so. Good luck to you.
Customer: replied 1 year ago.
I'm worried because they say mail theft is 5 year sentence and I don't want to go to jail for 5 years. Also, it was j
Customer: replied 1 year ago.
wait I need your assistance
Customer: replied 1 year ago.
I like talking to you because you know a lot.
Customer: replied 1 year ago.
If you have a mental illness, does that help your case?

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