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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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Is it better to turn myself in for Grand Larceny in the Second

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Is it better to turn myself in for Grand Larceny in the Second Degree? The total amount is roughly 85K over 2 years. I want to tell my boss because I don't want to live with the guilt anymore. I have not been charged or suspected but I want to come clean. What can I expect? The theft happened in New York but I currently live in another state. Any advice would be helpful.
Welcome and thank you for your question!

I am sorry to learn of your experience. Are you prepared to lose everything in the other state and be relocated to New York?
Customer: replied 5 years ago.
The honest answer is no, but this is a mess of my own doing. Is there anyway to get probation and still live in my new state? This would be my first offense if charged.
There is no way to predict the outcome at this time.

If you want to purge yourself of guilt, for now, keep quiet. Get your personal life/finances in order so that you can just repay the employer the $85K.

When you approach the employer and can immediately hand over the $85K, then it's far less likely that any criminal charges will be filed.

With this plan, you have far greater control over your own destiny.

Focus on getting the money together, now.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.
Customer: replied 5 years ago.
Should I just wait until my employer figures it out? I can't get the whole amount all in one shot - so what would be a good amount to start with?

In your opinion, should I just wait until everything comes to a head?
Legally, one has nothing to gain/benefit by coming forward now.

If you still work for this employer, you may want to also start a job search NOW.

What are your options now?

If you wish to continue this conversation, click on the Continue Conversation link.
If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.
Customer: replied 5 years ago.
Is there any precedent to things working out better if someone turns themselves in? If I do decide to confess, is there any information I should have, provide my boss? Are there things I should definitely NOT do?

I am a personal assistant to an individual, if this helps in your answer.
There is no binding legal precedent which can work in your favor.

You have a constitutional, Fifth Amendment right to remain silent. Any thing you say (including admissions of a crime) can and will be used against you.

If you say anything to your employer, your employer has the full right to go to law enforcement and seek criminal prosecutor -- no matter what.

I hope this helps to clarify things!

What are your options now?

If you wish to continue this conversation, click on the Continue Conversation link.
If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.
Customer: replied 5 years ago.
You didn't touch on one part of my question: If I do decide to confess, is there any information I should have, provide my boss? Are there things I should definitely NOT do?
Thank you for the follow-up.

There are no rules on that matter, you can tell your boss whatever it is you want. Understand, however, that the U.S. Constitution's Fifth Amendment gives you the right to remain silent and say nothing.

If you choose to waive that right, that's up to you and you can say whatever you want.

What are your options now?

If you wish to continue this conversation, click on the Continue Conversation link.
If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.
Customer: replied 5 years ago.
JB, not that your answers haven't been helpful, but what if i wanted a second opinion from someone else on this site? How can I go about that?

Also, what would the arrest process, etc. be like if I just wait?
Thank you for the follow-up.

You are free to reposted your question to the board for another expert. Be sure to mention that it is not a duplicate.

The arrest process will depend upon (a) what state you are located in at the time of the arrest, and (b) what state the crime was committed in. If the states differ, then there is an extradition process if you do not voluntarily travel to the state where the crime was committed to turn yourself in.
Customer: replied 5 years ago.
Is it better to be out of town?
There is no legal advantage. The processes to get you into the court system are just different.

What are your options now?

If you wish to continue this conversation, click on the Continue Conversation link.
If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.
Customer: replied 5 years ago.
(I'm almost done bombarding you with questions!)

Do you feel that a public defender would be able to defend me properly if this gets handled criminally?


I am still trying to hold on to hope that we can work this out civilly and that a contract can be put in place where I make full restitution in some way via monthly payments.


What are your thoughts on both of those ideas?
Yes, public defenders can be very able advocates. You are not entitled to one pre-arrest, however.

Yes, the employer can agree to a repayment schedule.

What are your options now?

If you wish to continue this conversation, click on the Continue Conversation link.
If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.
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