[COLLECT_KNOWLEDGE]

I will try to keep this as short as possible. My mother and uncle were arrested back in May for theft. In September of '06 my mother was let go from her job based on age discrimination. She obtained proof and is currently fighting her former employer in court and may get a settlement. During that time my mother had power-of-attorney over my 90 yr old uncle's funds for his assisted living. When she got laid off and not being able to find a job she paniced and took his money to pay her bills in order to keep the house. She thought she could pay it back once she got back on her feet. The assisted living home pressed charges and she was arrested in May of '07. Her brother took her to turn herself in and they arrested him too and accused him of accesory although he had nothing to do with it, but because he lives with her. To add insult to injury, the magistrate put $50,000 bail on both of them. Now they face their court hearings later in January. I admit what my mother did was foolish, it wasn't with wrong intentions but nonetheless foolish. Where they were arrested is a small town outside of Pittsburgh, PA. A lot of corruption goes on in that town. The DA wants them both to do time if they don't pay the money back. My mother and uncle have never been in trouble before. She's 58 years old and he's 55. The home claims she took 88,000 but she has proof that the amount is closer to $26,000.They both have attorneys but the DA is making threats of them doing time.
They are both first time offenders close to 60 yrs. of age.
My question is: What is the likelihood, given the situation, that they might do time? I am worried because she has a heart problem and my uncle shouldn't have been charged.

[Mr. Knowitall]

The $88,000.00 figure is going to be based upon the money they took out. Your mother can try to explain what happened to the $62,000.00 difference between what she admits to having stolen and what was apparently removed from the account. I don't have that explanation, so right now it appears she needs to come up with $88,000.00 or the prosecutor will pursue jail time.

Your mother has a criminal defense lawyer, right? Her lawyer should be working on the question of how much money was actually stolen.

Meanwhile, your mother has been telling everybody that her brother had nothing to do with the theft, and didn't know what she was doing? If so, his living with her seems like weak evidence of complicity.

[COLLECT_KNOWLEDGE]

Yes she has a criminal defense attorney. And yes she has made it clear he had nothing to do with it.
My next question is this: How likely is it she will recieve jail time? Can she pay a fine and/or installments and recieve probation? Maybe you cannot answer that but I have to ask.