I have been charged with embezzlement>$200 from Wal-Mart. I have no criminal background. What may the judge do?

Asked about 1 year ago - Roanoke, VA

No criminal background, first time offence.

Attorney answers (3)

  1. Brenton Daniel Vincenzes

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . First, do not post any details on this public forum (so you do not incriminate yourself in any way). You should ask for a court appointed attorney or find a local criminal defense attorney. Whether you qualify for a court appointed counsel will depend upon your financial situation, and must be evaluated by the court. This is a serious charge and will be prosecuted as larceny (Grand Larceny). If found guilty, you may: be required to pay restitution; face jail time; a criminal record for life (which could really have a negative impact on your career); and, serious fines. See the link I have provided which will help you learn more about embezzlement in Virginia. I do not mention all this to scare you, but rather, to help you understand why having an attorney represent you is so crucial. Good luck.

    This is not legal advice: it is intended to be used for general informational or educational purposes only. For a... more
  2. Benjamin Joel Kontaxes

    Contributor Level 6

    1

    Lawyer agrees

    Answered . If you are convicted of embezzlement under § 18.2-111 of the Code of Virginia (remember the Commonwealth must prove each element of the offense) then, "Proof of embezzlement shall be sufficient to sustain the charge of larceny. Any person convicted hereunder shall be deemed guilty of larceny and may be indicted as for larceny and upon conviction shall be punished as provided in § 18.2-95 or § 18.2-96."

    In a nutshell, this means that that a conviction of embezzling less than $200.00, is punishable as a Class 1 misdemeanor. A conviction of embezzling $200.00 or more is a felony "punishable by imprisonment in a state correctional facility for not less than one nor more than twenty years or, in the discretion of the jury or court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both."

    Your post seems to indicate that you are charged with greater than $200.00, this would make the offense a felony. This is a very serious charge. While the fact that you do not have a criminal record is a favorable factor, there is no absolute guarantee as to what any particular court would do in your case if you are convicted.

    It is very important that you seek the advice of competent counsel to advise you of possible defenses and other avenues to explore in your case. This is not a charge you want to be facing alone.

  3. Peter John Marek

    Contributor Level 19

    Answered . Since this is below $400.00 it should be charged as a misdemeanor. This is a crime of MORAL TURPITUDE which means a trust crime so it is not a good thing to have on your record. The DA is the one that charges the case not the judge so normally the DA will make an offer after a brief reading of the facts at your arraignment. The judge merely reads your rights, makes sure you understand them and accepts your plea. You should definitely not proceed without an attorney. Having the $ to repay is often very helpful but do not repay if & until your attorney tells you to. There are many possible outcomes to this case. The fact that you have no prior convictions is but one equity in your favor but this is not a defense. You should schedule several free consltlatations with local Avvo attorneys in your area, pick the one you like best and proceed to court. If you can not afford an attorney ask the court to appoint one for free and if you qualify financially he or she will do so. Do nothing until you speak to your lawyer. Good luck I cannot help you since I am only licensed in CA. Hope this is helpful.

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