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Stevexo, Criminal Attorney
Category: Criminal Law
Satisfied Customers: 1000
Experience:  Thirty years Criminal Defense
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I was charged with breach of trust with fraud intent > $2000.

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I was charged with breach of trust with fraud intent > $2000. What are my choices to deal?
Steven T Greene Esq. Qualified as an expert in Criminal Law,30 years of Criminal Defense trial work. If this is between 2000-10,000 dollars it carries up to five years, I am assuming this is your charge. This is an embezzlement statute and many times these kind of cases border on really being civil in nature, such as a dispute between employer and employee. Thus I know in a case like this you must make sure they have the mens rea element which is criminal intent ,and that is the difference from a civil case. You have many chooses to deal. This does not have a minimum mandatory penalty thus the sentence has a wide range, from probation up to 5 years. I would try to plea this down to the lessor offense of under 2000 dollars and that would make it a misdemeanor as opposed to the felony it now is. The amount does not really need to be under 2000 to plea to the lessor charge, you just need a DA who will down file it. If you cannot enter a plea of no contest to the lessor charge, then you have the entire range of options on the felony. On the felony I would try and negotiate a non adjudication and probation so you would not be a convicted felon. If you cannot get that then next in line would be an adjudication of guilt and probation. If none of that the DA will agree to, then you need to work it out to some county time instead of a prison sentence. Of course if you are not guilty, and or the State cannot get a conviction due to proof problems, then I would advise taking the case to trial, nothing said herein is meant to persuade you to plea out ,if you rather try the case and try to get a not guilty. If you win, you walk out, if you loose though, usually you will get a much worse sentence then if you had accepted a plea.Under the ethical rules whether to plea or go to trial must be the clients decision and not the attorneys, although we sure can advise once we have all the discovery in a case, which is the best way to go. Sincerely, Steve
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