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I have been arrested for embezzlement from my previous employer estimate amount $19,000 I did admit to it waiting for court date

Salinas, CA |

Ive have no criminal record what so ever not even a speeding ticket. I cannot afford a lawyer and im just hoping to avoid jail time.

Attorney Answers 4

Posted

At your first court appearance, counsel will be appointed for you. The avoidance of jail time is always dicey, but is certainly a possibility. However, be prepared to deal with the issue of restitution.

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6 comments

Asker

Posted

When saying counsel will be appointed does that mean asking for a public defender...Ive never been in trouble with the law so I have no clue what any of this means....

Douglas Holbrook

Douglas Holbrook

Posted

Yes, that is exactly what that means.

Asker

Posted

Just one other ? even tho I have admitted this to my employer previously do I still plead not guilty at first?

Douglas Holbrook

Douglas Holbrook

Posted

Yes, as your appointed public defender will advise you, your initial plea will be "not guilty". From that point on, negotiations will take place which will hopefully result in a plea without any custody.

Asker

Posted

Ok, thank you for this information!

Frank Mascagni III

Frank Mascagni III

Posted

Good sage advise by attorney Holbrook.

Posted

Ask for counsel when you appear in court. Say nothing else to authot=rities.
A lack of a record would bode well, however, I would not be surprised that the
sum involved would not result in a period of incarceration

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.

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Posted

This is a serious felony in any state based on the money amount. You need an experienced criminal defense attorney ASAP. Make no more statements to anyone but your lawyer. If you really can't afford counsel, ask the court to appoint you a public defender at the first court date. Whether the case can be resolved without prison time is unknown at this point. Your ability to make restitution is a serious factor that needs to be addressed. Get counsel.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Posted

I see that you are in Salinas. In LA county, the DA's policy is that any theft exceeding $10,000, they want state prison time despite the suspect having no record. However, judges will work around the DA and offer straight probation provided the suspect makes the victim whole - in other words, pays all the money back. The fact that you have no record and that there was an early acceptance of responsibility, however, will bode well for you. Good luck.

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