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A.S.B., Esq.
A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience:  I am an Assistant District Attorney, and former criminal defense attorney.
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I was working at a company that took money up front from clients

Resolved Question:

I was working at a company that took money up front from clients for our services, I was facing some money problems so I had a couple clients pay me directly for the companies services (basically I pocketed/ stole money from the clients). There are charges that were filed against me and I wanted to find out if I would face any jail time??? since the charges were files against me I have paid back all the money that I stole from the clients... I have no record what so ever against me, I have never been arrested for anything in the past... my case is in CA.... will I go to jail?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  A.S.B., Esq. replied 7 years ago.

First and foremost, thank you for choosing I am a licensed criminal defense attorney, former Deputy District Attorney, and member of the American Bar Association.


I'll start this off by saying this: NO, you will not be going to jail for this; rest your head easier tonight. I can't say the charges will be dropped but I can say there is a good chance they could be; I can guarantee you will not go to jail.


Why? Because you have a clear record and the charge you have been charged with is not serious enough to put someone with a clean record behind bars. Other factors that will work in your favor are the fact you have already paid all the monies you stole from the clients.


Often times people like you are able to enter a diversionary program that actually leads them out of the criminal justice system and into a probationary period of about one year. Your record has the chance to be expunged upon the completion of the probationary period. This is all considering you are a first time offender.


Ask your current attorney to apply you for the diversionary program and make it known (if you haven't already) that you have paid back everything you stole. This is the most important aspect.


You are in good shape. You did wrong, but it isn't something many other folks haven't done in desperation and it isn't something in which diversionary programs cannot take care of. You're not going to jail!


I hope this helps. Please, click "Accept" if you found my answer helpful so I may receive credit from for my response. Do not hesitate to contact me via with any further questions or concerns. Thank you in advance and good luck!!!

A.S.B., Esq. and 2 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.

Hello and thanks for your responce!!

I spoke to my attorney a cpuple days ago and he said that the DA is offerring 9 months in jail but I think that its because they have not yet been provided with the proof that I have paid the clients back.


Is that why they are offering jail time? do you think that once they get the proof that I paid it back they will waive the jail time?


Expert:  A.S.B., Esq. replied 7 years ago.



I did not know you had not provided proof of payment to the victims. I believe the fact you paid the victims their money back will greatly increase your chances of avoiding jail time. Just make sure you get the proof to the DA's as soon as possible!


Make sure your attorney attempts to get the DA's to look into diversionary programs for first time offenders . . . and he should do so only after you have provided proof of payment.


Alright. I hope this helps again! Good luck to you!

A.S.B., Esq. and 2 other Criminal Law Specialists are ready to help you