A family member is being charged with larceny. We believe she took around 10,000. from her employers. What can she expect.

I see many questions on avvo in which people want to do what is going to happen to them because of such and such an offense or parole violation. In truth no one except your lawyer can even give you an approximate answer to that question because it depends on so many variables: your state’s laws and procedures, your criminal history if any, whether there are any sentencing enhancements, whether your state has diversion programs for your offense. These kinds of questions really require that you contact a local lawyer and even then they can only give you a range.

She is facing 5 years prison. While that is unlikely for a first offender it remains a possiblity. Also, the exact amount taken will affect her sentence as well. You need to sit down with an attorney to discuss other variables such as judges, prosecutors, and possible defenses. Feel free to give me a call if you have any questions.

I agree with the assessment of Mr. Epifanio. The liklihood of a first offender being incarcerated for this non-violent offense is there, but relatively unlikely as there are alternative dispositions and sentences that she is a likely candidate for. Contact a good lawyer like Mr. Epifanio who is licensed in the State of Florida to set up a consultation to discuss this before she goes to Court. Good luck.

DISCLAIMER
This response does not constitute legal advice. Given the nature of this website, it does not create an attorney-client relationship. This answer is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer in your State. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice law in your State before you make any decisions about this case.

She is most likely looking at probation with the requirement she repay the stolen money.

In my opinion, everyone's goal in these cases is usually to make the victim whole. Therefore, the key is making restitution, or at least being willing to. Nobody gets paid back when a defendant is in jail.

The larger the amount of money you can get together before negotiating with the State, combined with a willingness to try to get the whole amount in as little time as possible, will likely carry the most weight in getting the best deal. However, do not promise what you clearly cannot deliver in an effort to get a better deal: that may show that you are not acting in good faith.

The best you can hope for is probation to make restitution. $10,000 divided by 60 months is about $170/month, so it's possible. Most victims do not want to wait 5 years for repayment however, so a large chunk up front, or more per month, is more likely to be accepted.

The worst you can accept is some jail time and a large civil judgment or probation to pay once you get out. It depends on many factors, so I agree you need to speak with a local attorney. What I've written here is from my experience in Duval county.

That family member made a mistake, if indeed they took that money. If they are sorry and worth helping, maybe the family can put together a few thousand to offer to the victim up front, through your attorney, of course. That may buy them a better position from which to negotiate the final disposition. Then they must do their best to fly right and pay everyone back as best they can. But please, talk to a local attorney. Good luck.