Legal Question in Criminal Law in Michigan
Larceny and embezzlement
I have a friend who has been charged with larceny and embezzlement less than $1000. Usually, How long is the sentence for something like this? She will have served five days that were mandatory when she goes to trial. Is this likely to be considered time served for either of these offences? If she is sentenced, will she be able to choose who takes care of her child for the time that she is in there?
1 Answer from Attorneys
Re: Larceny and embezzlement
Embezzlement Over $200 but Under $1,000 carries up to 1 year in jail. It's a misdemeanor. Her actual sentence will depend on a lot of factors, including her prior record. So, I can't even guess what her sentence will be. It could range from a fine & cost sentence, to some jail time, to probation, to a combination of any or all of these three.
If she's spent 5 days in jail as a result of this offense (e.g., she was arrested and did not post bond for 5 days), then she will get credit for these days in her sentence. There is no "mandatory 5 days" for an embezzlement conviction.
Yes, she can --- and should --- determine who cares for her child during her incarceration. Whoever it is should be given a document that gives that person the right to make medical care decisions for the child. This mother may also want to look into setting up a "limited guardianship", where an adult is appointed as a guardian for the child for the duration of her incarceration. She can set this up in her county's probate court by filing some fill-in-the-blank forms.
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