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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 34525
Experience:  16 yrs. of experience including criminal law.
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no other convictions - first time, embezzlement. will they

Resolved Question:

no other convictions - first time, embezzlement. will they do jail time.
Submitted: 6 years ago via LegalInfo.
Category: Criminal Law
Expert:  P. Simmons replied 6 years ago.
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

How much? How much money? And how many different victims?

Is there a plea deal on the table?
Customer: replied 6 years ago.
No, I am meeting an attorney today. I am hoping for a plea deal. I have not even been charged yet. Iam assuming 100k nothing more. I am a single mom and mad a huge mistake, I am freaking out.
Expert:  P. Simmons replied 6 years ago.
Where is the money? Can you pay most of it back?
Customer: replied 6 years ago.
I can pay some of it back. It went to a corporate card. I used the card to pay for bills and other stuff then made fake receipts to pay the corporate card
Expert:  P. Simmons replied 6 years ago.

With no priors, the more you can pay back the better your chance to avoid a lengthy sentence. $100K is a lot of money. But if you can pay most of it back, it reduces the severity of the crime. And, frankly, any plea deal you are offered will likely include a requirement for restitution (to pay money back).

One more question, if you know, will this be charged by the state or the feds?
Customer: replied 6 years ago.
no clue. I am assuming state?
Expert:  P. Simmons replied 6 years ago.
Yes, I would assume state...its likely you would know if it was the feds.

There is no way I can tell you the exact "deal" you will be offered...since that depends on many factors and, at the end of the day, is at the discretion of the prosecutor.

But I can tell you, as I said, your ability to repay is a key part. The prosecutor is looking, among other things, try and make the victim "whole". So the further you can go in this regard...the more you can pay back, the better position you will be in.

No priors is great. That will help.

Will you get jail time? How much can you pay back?? All of it, or most of it? Then you may be able to limit your jail time. $100K is lot of money even if you pay it back...but as a first offender, they are not typically looking to toss you away for many years. So you may be able to get less than a year...perhaps a few months. That is possible.

But on the other hand, if you can not pay the money back, the $100K looms much larger and I would expect several years, 3 or more, even for a first offense.

So, jail time? Likely, but its also possible for it to be a reduced amount...less than a year and perhaps only a few months.

If you have not given a statement to the cops yet, then consider NOT giving a statement until you have a this time the cops are not on your side.

Let me know if you have more questions

P. Simmons and 3 other Criminal Law Specialists are ready to help you