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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102597
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am facing theft by embezzlement charges in the state of Montana.

Resolved Question:

I am facing theft by embezzlement charges in the state of Montana. I have never been in trouble before, am being cooperative with the investigators, have a good job that I can keep so that I can start paying back the restitution right away. I understand that I could face up to 10 years in prison and a $50,000 fine. What are the chances I will be given either a suspended or deferred sentence with probation?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  dkennedy replied 8 years ago.
Hello,

These are state charges, not federal?

What is your criminal history, if any?

What is the attitude of the company or entity you embezzled from?
Customer: replied 8 years ago.
The county is the one charging me. So I guess state charges? I have no criminal history what so ever. I forgot to also say that I suffer and have for 11 years from Bipolar Disorder and PTSD stemming from a very severe car accident. I was under extreme emotional distress due to my daughter's health problems and a majority of the money went to pay for her medical bills. The company is not the one charging me the county is. I don't really know the company's attitude I guess.
Expert:  Ely replied 8 years ago.
It is quite possible that you DO get deferred adjudication (sometimes also called diversion). A wholly suspended sentence is unlikely.The fact that you have no criminal history, have been open and honest and working with the investigation counts for a LOT. Have your attorney ask for the def.adj. possibility. Keep in mind that if he doesn't ask, it won't be offered. Also, know that if you screw your def.adj. up (not report in, fail a drug test, etc.) it might and possibly WILL be revoked, and you'll be sentenced.Another possibility, if def.adj. is not on the table, is have your attorney ask that you be given only little jail time and then have the rest suspended. If you work, your attorney can ask that you only serve time on weekends - check in fri night and check out sun during the day. If you work or are a student, the Judge might grant you this.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102597
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 2 other Criminal Law Specialists are ready to help you