Legal Question in Criminal Law in Maine

Theft by Unauthorized Takin

I was a teller and misprocessed a transaction which led to my giving out about $340 too much. The bank must think I did it purposely or took it myself. I've been offered by the DA a charge of a Class E Misdemeanor, Theft by Unauthorized Taking. Penalty is restitution and a $350 fine. I spoke with someone at the DA's office and they said this is the best offer they can give, as it could have been a worse charge. He said a signed statement I made appears to confirm my guilt. I was upset at the time and I suppose that is possible. All I want is to put this behind me--I'll pay the fine and restitution if I have to. I was told that I could plead not guilty and take it to trial, but that if I lose the case it's possible the judge could give me a stiffer penalty. Is there any way to avoid a trial -and- a criminal record? I have no other incidents on my record and if the best bet is to just accept the offer and try to have the record expunged later, I guess I'm willing to do that.


Asked on 5/12/09, 2:17 pm

1 Answer from Attorneys

Elliott Teel Teel Law Office

Re: Theft by Unauthorized Takin

You should speak with a criminal attorney. If you are innocent, you should not plead guilty - that can cause you problems later on. They need to prove you did it, and if the mistake turns up, you should be cleared.

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Answered on 5/14/09, 8:54 am


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