Legal Question in Criminal Law in New Jersey

Sentencing - Embezzlement Case

Hello,

My sister is going to be sentenced in the near future for Embezzlement. She is being accused of taking $172,000 from a local church which is completely incorrect. The charges are theft by deception and forgery. She is married and has three children and it will impossible for her to go to prison for this crime. The lawyer currently handling her case has requested that she be placed in an ISP program where she would have to complete up to 12 months in prison which is a much lesser sentence than what is being offered. Is there an alternative punishment that she can complete (i.e., house arrest, probation, etc.) instead of going to jail?? Please respond as soon as possible as she is due in court very soon. Thank you.


Asked on 2/06/08, 7:15 pm

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Sentencing - Embezzlement Case

Yes, of course. She could just get probation. A lot depends on the court system (federal, state, although I assume it is state) and how the plea was written up.

It sounds as if she pled out to a 2nd degree offense (theft over 75K) sentenced as a 3rd degree offender, i.e. 3 to 5 years. If this is the case, and she has no priors, she is getting a bad deal even if she is guilty. Of course, she is getting a bad deal because she is innocent.

May be time to meet with a new lawyer to take back the plea (I assumed its a plea) or to start working on the appeal of the jury's verdict.

My practice focuses on white collar crime (such as embezzlement) so call me at 732/247/3340 to discuss her case. My initial consultations are always free.

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Answered on 2/06/08, 10:08 pm


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