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Facing a Felony Embezzlement charge for stealing $1,200.00 out of my register at Home Depot. Scared, what to do to avoid jail.

San Jose, CA |

I'm a 22 year old veteran who has never been arrested and no prior criminal record other than traffic violations (one of them including a Misd for driving with a Suspended License that is being dropped down to an Infraction). I was questioned at Home Depot for taking $1,200.00 out of my register, I admitted to taking money and signed a written statement explaining what happened and why I did it. I didn't think I was going to be arrested, but I was on the spot. I was booked into the San Jose Main County Jail for a little more than 12 hours and released with a supervised OR. Being in jail for not even a whole day was the worst experience of my life. I'm no Felon, so what are my options? Under the circumstances, do you think I will go to jail? Can't afford a lawyer or Jail time.

Attorney Answers 6


  1. In any theft case, having full restitution up front is always your best bargaining tool.

    Your next best is an excellent defense attorney - whether they are privately destined or appointed by the court.

    You're above the $950 for grand theft, but grand theft is a "wobbler" and can be charged as either a felony or a misdemeanor by the prosecution. Just because you were booked on a felony doesn't mean that it necessarily will be charged as a felony or that it will resolve as a felony.

    If there is any way to get an attorney now that you hire, do it. Your attorney can be up to speed on they case before charges are filed. There is always a possibility they can prevent filing by talking to the prosecutor before they make any decisions.

    You never knowing you can afford one until you meet face to face to discuss your case, fees and payments.

    Good luck.

    The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.


  2. Hire the best criminal defense attorney that you can afford. Look here on Avvo with the Find a Lawyer tool

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.


  3. Mr. Dane is correct. Full restitution will be a great help. A public defender will be appointed .

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY


  4. Pay the restitution in full as soon as possible. If you can't afford an attorney, the public defender's office in Santa Clara County will help you.


  5. I agree that paying restitution will help you but you should do this only through an attorney, either a public defender or retained counsel. Best of luck.


  6. Read the answers posted by my avvo.com colleagues. A synopsis of which is put restitution together or have specific plan for repayment. Consult and retain an experienced local criminal defense lawyer ASAP.

    Please do NOT use this answer/response to say or do anything regarding your situation. This answer/response is based on the information provided in the question asked and requires a much more complete context than is available in this public forum. BEFORE you say or do anything consult with an experienced Federal and/or state criminal defense attorney in your jurisdiction who will listen to you and your concerns.

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