Legal Question in Criminal Law in California
Forgery, fraud, embezzlement...which is it?
I have worked for several years as an accountant. I am single mother of three with a large mortgage. When my child support ended for unforeseen causes I became desperate and forged company checks totaling 30K. I was caught and fired. My bank called the company because of the large dollar amount. My bank put me on chex systems. I need to pay restitution. I wanted to get a second on my home and now I will never qualify. I also received a letter from the local police and they are investigating it. What do I have to look forward to? Can you help me. Also the company owes me for 1.5 years of overtime pay. I never received a bonus or a raise for a special project they are benefitting from. This and only this was the reason I took from them.
3 Answers from Attorneys
Re: Forgery, fraud, embezzlement...which is it?
Thank you for your inquiry, and I am sorry to hear about your present situation.
I believe that you conceivably can have charges for all three crimes you listed, forgery (for the checks), fraud or theft under fraudulent pretenses, and embezzlement, based upon your employment with the company.
Amounts over $400 at issue normally are filed as a felony. It's almost impossible to predict what the district attorney will charge, and I have even seem some creative DAs charge cases such as yours as "burglary" charges, but as a felony, you could be looking at a prison sentence of up to 3 years, maximum, per charge, or more. Each crime in the State has a minimum and maximum, and the mimimum may include a suspended sentence, meaning no jail time, or conversion of part of a sentence to community service or a work program.
Actual restitution, formal probation, and potential jail are all possibilities here -- IF you plead guilty to the exact charges, or IF the prosecutor proves each element of the case and charges against you to a jury beyond a reasonable doubt. It's the prosecutors burden to do so.
I hope this helps, and I've tried my best to answer your question, even with limited information. If you have questions, want further information, or need representation, I'm happy to help in any way that I can, so please feel free to contact me via email at [email protected], or via phone at 1-877-568-2977 (toll free), and best of luck to you.
Re: Forgery, fraud, embezzlement...which is it?
You should immediately hire counsel to help you negotiate and avoid, if possible, criminal charges, and to stay out of jail. Contact me if interested in discussing your options.
Re: Forgery, fraud, embezzlement...which is it?
Sounds like a very serious case. Please give our offices a call at 1-866-You-Are_innocent in order to set up a free consultation immediately.
Related Questions & Answers
-
What does disposition description mean? what does disposition description mean? Asked 12/11/02, 9:22 am in United States California Criminal Law
-
Assaulted in parking lot My mother-age 74 was assaulted in the parking lot of a... Asked 12/11/02, 1:17 am in United States California Criminal Law
-
Penal code 12021(a) sentencing guidelines I would like to know exact sentencing... Asked 12/10/02, 12:47 am in United States California Criminal Law