Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

OK and what if you've taken less than $300 worth of stuff

Customer Question
OK and what if you've...
OK and what if you've taken less than $300 worth of stuff and embezzled like $3 dollars, I think those are all petty theft and embezzlement and first offense, so what are ways jail can be avoided for these things? ALso could they be resolved out of court?
IF you were working for an employer and took these things and it's your first offense, also you're a hoarder and didn't do it to steal, even though you did, you left most of the items in tact.
Submitted: 2 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 12 minutes by:
6/20/2015
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,214
Experience: Experienced in multiple areas of the law.
Verified
Thank you for your question.Anything taken under $1,000 is petit larceny. This is a Class A misdemeanor, which carries a potential $1,000 fine and/or up to a year in jail. For a first offense, a judge and a prosecutor is not going to be looking to put someone in jail, in my experience. They are far more likely to give a defendant probation if they are found guilty or plead guilty. They mat also offer something like ACD, which would avoid jail entirely. Whether it could be resolved out of court is up to the employer. That's not a legal question - because the decision rests entirely with the employer. A defendant could have a lawyer negotiate with the employer to not report the matter to authorities or if the matter is already in court, negotiate with the prosecutor to drop the charge in exchange for, say, the defendant paying restitution to the employer.
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Can you have a lawyer talk to them even before they have charged you, like if they have been filming you on camera or do you have to wait to be charged first?
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago
You can have them speak to your employer at any time. If you believe that your employer has evidence against you and may seek to report you to the authorities, it would be a good idea for them to speak on your behalf to attempt to reach a resolution.
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
ok and if I'm still working for them, do I quit now and try to get a lawyer or keep working for them, get a lawyer and try to reach an agreement? WHat do I do? I've been working for them but I think they're making me work for free and staging things to gather evidence against me.
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago
Well, they can't make you work and not pay you, if that's what you're saying. Chances are that any agreement you would reach with them to try and get them not to report you to authorities would involve you resigning and agreeing not to seek unemployment benefits, as well as restitution. I wouldn't necessarily quit now unless you think it's counter-productive or they really are just using you to try and get more against you. I'd wait and continue working as long as possible while I found a lawyer.
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
I've been working for a month and I've taken things during this month and they caught me sometime last week so I shouldn't talk to them and ask them not to report to authorities or do you think they've reported it? Also, what is the fastest way I can get a lawyer?
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago
I would not talk to your employer without a lawyer or answer questions they may ask you about things you allegedly took, as anything you say could be used against you in court. I really have no way of knowing if they reported or not, so I cannot answer that. Call the NY bar association lawyer referral hotline, they can find you a lawyer in your area and you can arrange a consultation.
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
what is their phone number?
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago
LAWYER REFERRAL AND INFORMATION SERVICE1(###) ###-####**@******.***
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
do you know what are the prices or are they free?
Customer reply replied 2 years ago
But if a lawyer negotiates with them, wouldn't that be admitting that I am guilty?
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago
A half hour consultation using the service is $35 for the consultation, then after that you'd have to negotiate with the lawyer what their fee is. Lawyers fees vary on a number of factors - their experience, years in practice, success rate, etc. And yes, you're admitting guilt, but the goal of the lawyer at this point would be to go to the employer (whom you already suspect has knowledge of your theft) and try to keep them from reporting the matter to the police.
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
If I admit guilt, would I go to jail right away if they don't want to negotiate out of court or they would have to go to court first? Also, once they report it to the police, would I still be able to negotiate outside of court?
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago
I cannot say whether the police would take you to jail right away or whether they would conduct further investigation. That's up to them. Assuming you are arrested for this, you could still negotiate with the prosecutor to minimize your sentence or to try and get an ACD, absolutely.
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
if you get arrested, do you go to jail right away and stay there until you're court date or do you go to custody, get released and wait until court date? If you don't admit guilt.
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago
Typically you'd either be given bail which would have to be paid before you could be released pending your court date (it would generally be very low for a petty theft charge), or you would be "released on your own recognizance" meaning you would be book, but then released on your promise to appear in court.
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
If you admit guilt, can they still release you from jail until you go to court or would you go to court at all?
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago
Yes they can. You're still entitled to your day in court.
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
IF I admit guilt would I have to pay a fine to get out of jail until court or would it be free?
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago
It's not a fine. Bail is used as a sum of money paid to guarantee your appearance in court at a later date. It has nothing to do with a possible sentence. In some jurisdictions, people charged with minor crimes are not given bail, but rather released "ROR" --on the promise to show up to their court date without having to pay bail.
Ask Your Own Criminal Law Question
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago
I cannot tell you what NY does; I do not know.
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
what would be your best advice on what I should do right now in my situation? If they haven't charged me, do I still get a lawyer and admit guilt but try to resolve out of court or what? Do I continue working for them or just quit? I'm worried and just don't know what is the best thing for me to do right now? I've never done this before and I don't want to go to jail.
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago
I don't know all of the facts and circumstances, and I cannot give you legal advice, as I am not your lawyer. My suggestion would before you do anything, you need to consult with local counsel. They need to get a clear picture of everything, and what your employer exactly knows (or you believe they know). I cannot guarantee that you won't be arrested or go to jail - but it seems to me that if your employer really suspected you of theft, they wouldn't allow you to keep working, they would have immediately reported the theft to police, or at the very least, confronted you. Worst case scenario -even if you were arrested - you could make bail and bond out in hours, and the strong likelihood is that even if found guilty, you wouldn't do any jail time.
Ask Your Own Criminal Law Question
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago
I am sorry, but it is after 4 am here, and I am retiring for the evening. I've told you all I can about this matter, I believe, and would appreciate an accept for my time and information. However, if you have additional follow-up questions, you can reply, and I'll answer them later today (Saturday) when I am back online.
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
At what time are you back?
Customer reply replied 2 years ago
I have one last question, should I admit guilt?
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago
Generally, no, you would not want to admit guilt. First thing you need to do ASAP is talk to a lawyer. If your employer confronts you, tell them you won't speak to them without a lawyer. ideally, if this is the case, your lawyer can negotiate with your employer to keep the authorities out of it. If you are arrested, I would not make any statements to the police. Even if you confess to the police though, you're still better off pleading not guilty at your first court appearance, because the prosecutor still has the burden of proving your guilt at trial, and this would give your lawyer time to negotiate a plea (you could always change your plea later).
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
I have a question, I took an envelope that was a UPS envelope and had some labels inside or something but it wasn't USPS? Would this be regular theft or mail fraud or mail theft?
Customer reply replied 2 years ago
It was addressed to the manager of the store I work in
Customer reply replied 2 years ago
it wasn't a name in particular
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago
If you took it from a mail receptacle, like a post office box, or mail carrier, hat could be considered theft of mail. If you just took it from say, the back office, off a desk, I would say that would fall under regular theft.
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
are you sure?
Customer reply replied 2 years ago
I took it from the top of a desk.
Customer reply replied 2 years ago
what is a mail carrier? Is that the thing the post office person carries around or drives around, like the blue car they move around with mail inside?
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago
Here's the U.S. Code on mail theft:Whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein; orWhoever steals, takes, or abstracts, or by fraud or deception obtains any letter, postal card, package, bag, or mail, or any article or thing contained therein which has been left for collection upon or adjacent to a collection box or other authorized depository of mail matter; orWhoever buys, receives, or conceals, or unlawfully has in his possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which has been so stolen, taken, embezzled, or abstracted, as herein described, knowing the same to have been stolen, taken, embezzled, or abstracted—Shall be fined under this title or imprisoned not more than five years, or both.As you can see, you have to take the mail for a postal worker (a mail carrier) or from a receptacle ore next to a mail receptacle. That's not what you did, so if they were to pursue this, I do not think they would pursue it as mail theft.
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
How long have you been a lawyer?
Customer reply replied 2 years ago
what is a mail receptacle?
Customer reply replied 2 years ago
Is a mail receptacle something that is closed?
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago
Receptacle means a box like you'd see on the street, or something that you would put letters into, or a receptacle meant for mail and labeled as such. Example, I worked in an office that had a mail room, but it was well known that the boxes labeled USPS were to put mail in. I have been an attorney for over 7 years.
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
oh you mean that big box that says usps on it that are like grey?
Customer reply replied 2 years ago
Another lawyer told me that if it's not USPS, it's not federal mail and not mail theft or fraud, that if it's UPS it's just theft, I don't know if that's true?
Criminal Lawyer: RobertJDFL, Lawyer replied 2 years ago
Yes, anything like that. I am going to go ahead and opt out of this questioning open it up to other experts. I've been working on this with you since last night with you and we are going around in circles at this point, with respect. You do not seem to want to accept any answers to questions asked. Please do not reply back to me as it will only send the question back to me to answer, and prevent other experts from being able to assist you should they choose to do please do not reply back to me as it will only send the question back to me to answer, and prevent other experts from being able to assist you should they choose to do so. Good luck to you.
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
I'm worried because they say mail theft is 5 year sentence and I don't want to go to jail for 5 years. Also, it was j
Customer reply replied 2 years ago
wait I need your assistance
Customer reply replied 2 years ago
I like talking to you because you know a lot.
Customer reply replied 2 years ago
If you have a mental illness, does that help your case?
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,214
14,214 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

14,214 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I missed a misdemeanor court dat 2 years ago and didn't know
Hello I missed a misdemeanor court dat 2 years ago and didn't know I had one for paraphernalia and unfortunately I missed it again this Friday. What happens now if its 2 years old and I go to the cour… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have a dismissed petty theft misdemeanor from over 7 years
I have a dismissed petty theft misdemeanor from over 7 years ago, will this keep me from getting a licenses from FINRA? … read more
QuickEasyLegalHelp
QuickEasyLegalHelp
83 satisfied customers
We have some petty theft going on at our workplace - someone
We have some petty theft going on at our workplace - someone is stealing cash out of wallets in other employee's jackets.What is the appropriate way to catch this person, and what do we do once we hav… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,198 satisfied customers
I was charged with 1st offence felony larceny in NC and was
I was charged with 1st offence felony larceny in NC and was sentenced to complete 75hrs community service. While competing my service at the salvation army a lady said I took something without paying … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,198 satisfied customers
I was charged with petty theft of textbooks the day after
I was charged with petty theft of textbooks the day after finals ended. This was my first offense. I am 20 years old. I am extremely remorseful of my actions, and I am anxious of what my consequences … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
In Ohio what is a petty theft defined? How much has to be
In Ohio what is a petty theft defined ? How much has to be stolen for it to be under a felony… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I got arrested for petty theft 5th degree because i
hello i got arrested for petty theft 5th degree because i purchased $60 worth of merchandise and accidentally put two lipsticks in my purse when I put my phone in my purse they have now charge me with… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
If someone has multiple misdemeanors for theft and driving
If someone has multiple misdemeanors for theft and driving while barred. And is on probationAnd they leave the state Is there a time limit before they can return Or are they a fugitive and will. BE in… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,198 satisfied customers
What is the punishment for a class misdemeanor for theft of
what is the punishment for a class b misdemeanor for theft of lost or mislaid property for first time offender … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,198 satisfied customers
What's the charge usually for first offense petty theft in
Hi... what's the charge usually for first offense petty theft in Miami FL? What are my chances of not doing jail time given I am a single mother … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have been charged with a misdemeanor for retail theft, and
I have been charged with a misdemeanor for retail theft, and when I showed up for my court date, the judge rescheduled my court date and told me to get a lawyer. Should I go with a lawyer or a public … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question about petty theft, Ohio, No I don't have
I have a question about petty theft JA: In what state did this occur? Customer: Ohio JA: Have you talked to a lawyer yet? Customer: No I don't have the money JA: Anything else you want the lawyer to k… read more
RobertJDFL
RobertJDFL
Lawyer
14,214 satisfied customers
I have a class C misdemeanor, petty theft under $100, i have
I have a class C misdemeanor, petty theft under $100, i have not yet been convicted nor do i have a court date set yet. I want to either have a non-disclosure, have it dismissed, or expunged. Whate ar… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,880 satisfied customers
When given a summonses to court for petty theft under $50
When given a summonses to court for petty theft under $50 what do you expect? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
California. About my petty theft case I got caught
About my petty theft case I got caught shoplifting what happen to me next?… read more
Maverick
Maverick
Doctoral Degree
6,134 satisfied customers
I had 2 misdemeanors for petty theft in 2012 and 2013. I am
hi! i had 2 misdemeanors for petty theft in 2012 and 2013. I am off probation and all my fines have been paid + got the therapy I needed. If i expunge these records, will it still show on my DOJ finge… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Petty theft is macys, Ilinoj, No, Yes petty theft is macys
Hello JA: Hello. What seems to be the problem? Customer: Petty theft is macys JA: In what state did this occur? Customer: Ilinoj JA: Have you talked to a lawyer yet? Customer: No JA: Anything else you… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x