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I'm been charged with felony 2 for larceny. I confessed

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I'm been charged with felony...
I'm been charged with felony 2 for larceny. I confessed under stress but I did not commit the crime. I was reading the police report and all is based on something that was said by my previous assistant which is not true but she is dead and everyone is repeating. I'm been charged for taking money for the petty cash, several people which are mad at me for not going to my assistant's funeral and said I was cruel for the way I treated and I was the reason of her death. Not true, just don't believe in going to a funeral to be around people I don't like. I reported my assistant to human resources for poor performance and was some disciplinary actions if she did not perform will be fired. She worked there for more than 30 years. Well, now they claimed she told them that the summer of 2016 I called her and asked her to take money for petty cash in the amount of $500 but the only thing petty cash will have that amount usually less like $200. Also, most of the statement are lies. For example, I was not the only person with access to the safe but one person is claiming that I changed the safe combinations which I never did, or that I told them I wanted to put the money back. I did felt guilty because it was my responsibility to keep that money but did not steal it.
The detective claim that I was crying the day he interviewed me and yes I was crying because I was telling him that my mother just died and I did not need that stress in my life that was the last thing I need it. My daughter is having domestic violence issues, has to be hiding because her ex-wants to kill her, I just broke up a long-term relationship, my supervisor was always against me.I explained that to the police that day, maybe I was naive to think he will understand that stealing that money was the last thing on my mind. A coworker said I was having financial problems and claimed that I borrowed money from her, which is not true. I don't have a car and the bank was far and will ask her if she had money on her account, she will call the bank to transfer the amount and later in the day deposit the money I gave her. It was usually $20 o $40 because sometimes my daughter will use my account without my knowledge and will overdraw my account. I never thought of that at borrowing money. And that she stopped lending me money when she found out that I was making $90,000. When I saw that statement it makes me think, that she hates for making more money than her and was only working there for 6 years when she is there for more than 20 years.
My question is should I ask my lawyer to go to trial because she wants to apply to some type of program but I'm not guilty.
Submitted: 6 months ago.Category: Criminal Law
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Answered in 3 minutes by:
12/26/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,392
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post and am working on a reply.

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Customer reply replied 6 months ago
ok
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

Whether you accept a plea bargain or take your case all the way to trial is strictly up to you. But you need to have a long talk with your lawyer about this. She is in the best position to know the strengths and weaknesses of the case against you and to give you an assessment of your chances of winning at trial.

You made a confession, and your lawyer will be able to get you a special hearing to try to get that statement suppressed. If she can convince the judge through her cross-examination of the state's witnesses at this hearing, that you did not make a knowing and voluntary confession, then it would be excluded from trial. Otherwise, the jury will get to hear the confession and while you can take the stand on your own behalf and say that it was made under stress, the jury may not believe you.

Your maximum risk for a theft offense of this sort is 10 years of prison. That's a lot of time. A program, by comparison, can ensure that you can dispose of this case without fear of incarceration. This is a very stressful decision to have to make because, whichever way you go, you could potentially end up second-guessing your decision for a long, long time.

I can't tell you what you ought to do. I'm not your lawyer and haven't seen the state's case against you and the discovery. But before making up your mind, have your lawyer talk to you about what she sees as the biggest hurdle to an acquittal, and how likely she thinks that she can overcome that at trial. Then have her tell you the plusses and minuses of the plea offers on the table. Once she's through, you may still dislike both choices, but pick the one that you think you can live with easiest.

If you want a trial, she is obligated to give it the best shot she can manage whether she agrees with you or not.

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Customer reply replied 6 months ago

But a program mean guilty plea and will not able to be an accountant ever again, it will be like I did the time. Also, I will attached some copies of the police report. Must is based on Lisa xxxxx, Joan xxxxx sister who worked with me and I believe is the third person is not admissible in court.

Customer reply replied 6 months ago
The police report is based on something a dead person made and will not be able to prove is true because she is dead and also, I have proof that did not happen. My bank account shows at the time of my vacation with money on my account. No proof of any financial problem at that time of the statement, they all claimed. I was living with my son and not paying any rent.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

Yes and no. Only time in prison is "like you did the time." But I understand that you would lose your license as well as numerous civil rights by virtue of a felony convction. A guarantee of freedom would come at great price.

Thank you for the documents. None of these can come in as evidence. But this is what the state's witnesses would potentially testify to if the case goes to trial and the witnesses get called. It looks like the case against you is entirely circumstantial. A lot of what's on these documents isn't probative of what happened.

It would appear that what's likely to hurt you most is the fact that you confessed to the crime. If that comes in it's more damaging than what I see in the documents. Again, you'll be entitled to a hearing to try to keep that out, but such hearings are tough to win.

I have been a criminal defense attorney since 1988, and I would be the last person in the world to tell an innocent client to take a deal. If you can't live with yourself by pleading guilty to something you know you didn't do, then the only choice is trial. So long as you know the risks and difficulties, your lawyer will try to win your case for you.

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Customer reply replied 6 months ago
What are the chances of going to trial if the amount the accuse me of stealing is $1072, which I get paid more.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

A criminal defendant only has two broad choices: to take a deal or go to trial. If you don't want a deal, your chances of going to trial will be 100%.

It's certainly in your favor that you make a good living. But people commit crimes for all sorts of reasons. The fact that you make more than you stole is not a defense to the crime.

The facts are not particularly unfavorable to you. Like I've said, it's a circumstantial case. In terms of concrete evidence, it's still the confession that you have to worry most about.

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Customer reply replied 6 months ago
I belief is more propaganda to get me out of there because, most people did not like how much I have control of the budget and I'm the black person against all the white who I worked with. I don't believe on coincidence but I accused some employees of double dipping and first I found my door open then the money is missing and I took it. But everything is been build around me, what I claimed is not there for the obvious reason they need to make me look guilty. My supervisor also claimed to my union that I was the only one with access to the safe, but I have his previous assistant that retired because was tired of the working environment. Because it is easy to see that I confess but the police expect that I have the tendency to explode when I'm been accused and honestly I just got tired of the same thing, always defending myself. I have several complaint and email to my supervisor of accusing me of lying just because he will not defend me. I just got tired of the same, and it was stupid of me to confess but if you add all the stress I was going at the moment must people said innocent people do not confess and make story of the crime. Now I belief it an happen, stress is a powerful weapon, just lost my mother ,my family stopped talking to me because I accused my uncle of sexual abuse and because I was not told of my mother death nor told she was in the hospital, my dog f 10 years died, a long term relationship over, I have to move with my daughter because of her domestic abuse case, what else could go wrong? exactly I lost my job because I confess because I have enough of the same. In black and white world I'm guilty but include that will you honestly believe I could not prove that my confession is not valid due all the stress I was going thru.?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

You're not saying anything I haven't already said. That is, you are confirming that the only thing concrete they have on you is your confession. Without it, there's not much of a case. With it, this is anybody's case.

I wish you the best of luck, whatever your decision.

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Customer reply replied 6 months ago
You are telling me that If I used that defense of why I plead guilty you will not believe it and just making excuses. What will be a good defense then?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

I didn't tell you that at all. I cannot predict what will go through the mind of a jury and I have no idea how your testimony and cross-examination will go.

What I've told you is that if you want to take the risk of trial, go for it. That's your absolute right and your lawyer will do the best she can to win it for you. But don't thiink that it's going to be easy. No case is ever a slam dunk for either side, and your confession hurts your case.

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Customer reply replied 6 months ago
I honestly believe you just answer without reading my argument, you are just like the police detective make out your mind. if that the way you will defend a case you are no honestly helping at all.Just giving generic response. what is the point of asking you if you only presuming the worst only. I will not have you as my lawyer if you are not even reading and responding without reading.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

I am not your lawyer. Just answer is not a law firm. Lawyers here cannot advise customers. All we can do is to provide general legal information, which I have been doing.

YOu want a guarantee that you can win your case if you go to trial. No lawyer would ever give you that guarantee. You want someone to make the decision for you. Nobody can do that either. All I can do is point up what plusses and minuses I see to make matters more clear to you so that you can make up your own mind.

As that's not good enough, I'll be happy to opt out so that someone else can take over this thread.

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Customer reply replied 6 months ago
please
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