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Currently I'm involved a case for grand larceny the sum of about $1,200. Could I face jail time? It's my first offense ever.

Jamaica, NY |

The amount is completely off.I was under a lot of stress when the person came to talk about it. I suffer from cryonic sinus headaches.I had a very bad one at the time, in which case makes me just want to get through whatever it is.Therefore I had signed a paper or two under distress, as not being in the proper mindset, in which they added much more than it was. Initially I started the payment plan back but last minute changed their mind.They did return the money. I want to fight the amount cause it should be well under.I've longed to finish school and pursue my career. Could I face jail time? Or maybe just pay them back? Also they were supposed to look into others but didn't. I felt a bit singled out that they blamed me for more than it should've.

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Attorney answers 3

Posted

Jail is not likely. However, proving the true amount is critical to what the outcome may be. Grand Larceny is a felony so in your case the DA might offer you a plea to petit larceny, a misdemeanor. However, if the amount is less than $1,000 it is only petit larceny to begin with and you could get offered a non-criminal outcome. I suggest you retain a good criminal defense lawyer. Feel free to check out my bio and testimonials on my web site and contact me.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Posted

Your criminal attorney may be able to get a reduction to a petit larceny with restitution, or perhaps even less with restitution. Fighting the amount is only productive/necessary if you are not going to get a reduced charge, and you should consult an experienced criminal attorney.

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.

Posted

You need to seek a competent criminal defense attorney to discuss the various aspects of your case and advise what to do & how to go about resolving this matter. A good attorney may be able to nip this in the bud and ensure no jail term.

The advice I have given does not bind the parties in any manner and is merely given as a courtesy.