Legal Question in Criminal Law in Kentucky

TBUT over 300

I took 100 dollars from 6 cash registers over a period of time at a retail store while I was a cashier. It totals out to 600 bucks. I had written out in detail what transpired and was told I would receive a summons in the near future to appear in court.

I had written that I was more than willing to make restitution to avoid any jail time or probation.

My questions are:

1) When I appear in court and if I plead guilty, can I arrange to make payment on what I had taken to avoid probation, etc.

2) If charged with TBUT over 300, AND make restitution, can I have my record expunged?

3) I start a new job on Feb. 23rd. I had agreed to have some of my checks from my future work place garnished in order to make restitution. Is there a way I can avoid losing this job?

I'm really nervous about this. I've had NO prior record, not so much as a ticket. Any advice would be great. Thanks.


Asked on 2/11/09, 3:18 pm

1 Answer from Attorneys
E. Brian Davis Davis Law Office

Re: TBUT over 300

I think you are looking at this in the wrong way. You took $100 from the cash register (a misdemeanor). Then you did it again and again for a total of six occasions. To me as a defense lawyer, that means six misdemeanors, not one big felony (as TBUT over 300 would be).

You can generally make arrangements to pay restitution over time, but without knowing what county you are in, it is hard to give a definitive answer.

I know you are nervous, but you should be able to resolve this with a misdemeanor plea, paying court costs and restitution, and staying out of any further trouble.

In some counties, you may be eligible for "diversion" which, when completed, would allow you to correctly say that you have never been convicted of a felony or a misdemeanor (assuming no other charges against you).

Getting a local lawyer to help you through the process may help, but I'm biased of course.

In any event, good luck to you.

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Answered on 2/11/09, 4:06 pm


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