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I have a prior record for identity theft I pled out to a E felony 4 years ago agreeing to 5 year probation. now 2013 I've been

New York, NY |

accused of a new charge Grand Larceny a D class felony the situation is a check was mistakenly damaged, the issuing company reissued the check in the name of a employee, the employee tried to receive a money order from the bank to hide the mistake made by damaging the check, the agent made a mistake and deposit the check into the employee personal acct, after the mistake was made the employee notified the company asap and was terminated because trust was lost 3 weeks later the company made a complaint which lead to a arrest. The 4,500 never cleared and although the account was fairly new the acct was in good standing prior to the mistake. The DA is trying to say the acct was open with the check which is incorrect what is the max time for this crime? grand jury also keeps being push back

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You need to hire an experienced criminal attorney to review your criminal history. The max time will depend on any prior criminal convictions. Next time don't post any specific facts on this website. This information is public and can be used against you.

Former Prosecutor and Family Court Law Clerk. I am available for phone consultations at (914) 368-2646. This answer is very general and is not intended to be specific legal advice and does not create any attorney/client relationship. Please consult an attorney with the specifics of your case to determine your best course of action in or out of court

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Assuming your prior was a non-violent felony, a D felony second time offender gets not less than 4 years and not more than 7 years, indeterminate. You might have to owe some time on your 1st conviction since your probation will be violated if not rolled in.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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