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Can you go to jail for embezzlement?

Garland, TX |

I am on probation for theft. A felony charge I will be done with probation this may. At my job that I just had I wrote payroll checks out to myself around 12 times total amounts around 7,000 dollars. What can happen to me if the company prosecutes me for embezzlement and I am on probation now will I go to jail? if so can you estimate for how long or will they make me stay on probation

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Attorney answers 5


Embezzlement is a form of theft, and you could also be indicted for misapplication of fiduciary property. The amount involvved makes it a felony. Jail time is definitely aa likelihood, considering your prior offense for which you are on probation. If you got probation ,you'd probably be looking at a long probation period, like 10 years. You need to hire a good criminal deffense attorney to evaluate your defens and do best efforts to keep you out of jail. Might as well start looking for one now. You're looking at a serious problem.

The information provided by this attorney is for general guidance only, and is not to be considered as advice specific to any particular person, legal matter, or case. For specific advice regarding any legal question or matter, you are encouraged to consult a qualified attorney in the appropriate jurisdiction. If you wish to consult with Mr. Little regarding your legal matter, you may contact him at (888) 404-0777.


Yes, a defendant charged with theft because of embezzling money can go to jail.

You need to consult a good criminal defense lawyer NOW.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


Take the excellent advice of Messrs. Little and Pierce-Jones , retain counsel.
Also, from your post it appears thet your acts have not yet been discovered. In
which case, you should not discuss the issue with any investigator from the company or the cops.
Those conversations will definitely not be to your advantage.
Jail?? Personally, I would expect that if prosecuted a violation prior to your probation ending, I would not be surprised to see a prison commitment.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


You wouldn't be facing a jail sentence. You would be facing a prison sentence. This case would be handled the the Specialized Crimes unit of the Dalla County DA's office. They do not typically offer probation, although they can sometimes be talked into it. It will not help that you are already on probation for a similar offense. If the case is filed before that probation expires, you will be facing a probation violation and potential prison time on that case as well. You will definitely need the help of an experienced defense attorney on this one.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.


Have you not heard of the "right to remain silent"??? If the company prosecutes you and it was after you began probation, probation can file a motion to revoke you based on the new offense. If it was an old case, then it won't set off your new probation. But being that you've had a prior probation the DA will likely seek jail time this time around since you haven't learned your lesson that stealing is WRONG. Get yourself a great attorney! And stop stealing. Theft is not a victimless crime and it isn't worth you losing your freedom over. You still have to pay the money back when caught.

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