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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24990
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I WORKED AT WALMART AND WAS GIVEN PERMISSION TO TAKE A LAWNMOWER

Customer Question

I WORKED AT WALMART AND WAS GIVEN PERMISSION TO TAKE A LAWNMOWER HOME AND THEY WOULD TAKE OUT MONTHLY PAYMENTS EACH PAYDAY TILL PAID OFF. THE SUPERVISOR THEN SAID I STOLE IT AND I WAS ARRESTED ON EMBESSELMENT CHARGES AND AM OFFERED A PLEA OF 6 MONTHS TIME IN JAIL BUT SUSPENDED WITH 6 MONTHS PROBATION IF I PLEAD GUILTY. I AM AFRAID OF BEING ABLE TO GET A JOB IF I TAKE THE PLEA. SHOULD I PLEAD GUILTY OR NOT.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
Who gave you permission to take the lawnmower home? Would that person testify to that if you wanted to go to trial on the case? Had you made any monthly payments on the mower before your supervisor reported this as a theft?
A suspended sentence is a good deal in that it is a guarantee that you won't have to serve any jail time for this offense. If you go all the way to trial and lose, you will do jail and probably more than a month. That said, however, if you have someone who could testify that you were given permission to take the mower home and you can show that you've been making payments, you would have a pretty good case and could end up with an acquittal.
In any case, you will want to plead not guilty at your arraignment and go over the strengths and weaknesses of your case carefully with your lawyer before making a decision. You are right in that a conviction for a theft offense is very damaging to a career.