Legal Question in Criminal Law in California

i got charge with grand theft and embezzlement

im out on bail, i got charge with grand theft and embezzlement, from my employer, i was caught red handed, im not proud of my actions, and being sole provider of my family, i hit hard times, my question, this is my first criminal offence ever, i plan to plea guilty and try to get a plea bargain and thank god! for my friends and family i was able to have reinstitution money to repay to the last penny check in hand when i go to court, they arrested me at work, wen confronted i told them im willing to pay everything back, this happen early last month, im yet to see any of my last checks that should of been mail already, i think they got garnish by them,

what kind of consequences am i looking at i know there are felonies, that is my concern, would this be able to be drop down to a misdemeanor with some jail time or probation?

and total amount spoken for was the most 20,000

thank you and god bless


Asked on 10/07/07, 2:22 am

4 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: i got charge with grand theft and embezzlement

I don't often get involved in wage payment law, but my recollection is that your employer cannot just withhold your pay. The employer must get a court order for attaching your wages. To do that they would have to serve you with a law suit or notice of a prejudgment attachment. Failure to pay wages on time can result in substantial penalties.

Read more
Answered on 10/19/07, 4:06 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: i got charge with grand theft and embezzlement

I'm sorry you were charged, and that you have apparently confessed to, these charges. Sometimes a felony charge can later (years later) be reduced to a misdemeanor if you don't do actual prison time.

In order for you not to do actual prison time, and to preserve the slim possibility that you will ever get hired again, you will need to quit cooperating with, talking to, or signing anything for, the police and prosecutors. They want to send you to prison. There is nothing whatsoever you can say to them that will persuade them not to want to send you to prison. But you deserve a less severe sentence than state prison. Don't volunteer for it.

Hit up your family and friends again for the cost of a private lawyer who can portray even these facts in the best possible light, and who can help you achieve the best possible outcome.

Read more
Answered on 10/07/07, 5:23 am
Terry A. Nelson Nelson & Lawless

Re: i got charge with grand theft and embezzlement

If you just plead guilty, you are not going to get a 'plea bargain', and will go to jail. You face prison time, but an attorney should be able to use your facts and circumstances to keep you out of serious jail time. Feel free to contact me if you want to do this right.

Read more
Answered on 10/09/07, 1:22 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: i got charge with grand theft and embezzlement

You need a lawyer. It sounds like you have been trying to make do without one, and if so you have made a terrible mistake. The money your family gave you for restitution would have been much better used to pay legal fees. As Mr. Stone has pointed out, you have given the prosecutor a lot of ammunition to use against you while doing nothing to help your case.

If you can't afford to hire private counsel, get a public defender. Either way, though, stop helping the state put you in prison and start helping yourself.

Read more
Answered on 10/07/07, 5:48 pm


Related Questions & Answers

More Criminal Law questions and answers in California