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  1. #1
    Join Date
    Jul 2008
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    10

    Default Class H Felony, Embezzlement

    My question involves criminal law for the state of: NC

    Hi, i was recently charged with felony class H embezzlement and upon an interview with upper level management of the company that i worked with, i provided a full confession...which ended up adding to the total that i will owe in restitution. I also was not read my rights, Miranda rights, before the interview with loss prevention or when the police officer showed up, cuffed me and put me in the car.

    I have gotten a lawyer and she said that with my clean record, worst case scenario i am looking at 3 years probation. Im just wondering how true this is since i have stolen in the thousands.

    I am able to pay full restitution up front, in one great lump sum and have no prior criminal record and am in good standing in the community. Im just trying to get an idea of what kind of punishment im looking towards.

    Im hoping to get a plea deal as i provided a full confession. Also, will not being read my rights affect this at all?


    Thanks for the help

  2. #2
    Join Date
    Mar 2007
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    9,085

    Default Re: Class H Felony, Embezzlement

    Your employer is not bound by Miranda.

    All the rest of your questions should be directed to the legal counsel you are paying money to.

  3. #3
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    Jul 2008
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    10

    Default Re: Class H Felony, Embezzlement

    Im just worried as im currently in college and went through a difficult time and truly sorry for what ive done. Still no idea?

  4. #4
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    Mar 2007
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    9,085

    Default Re: Class H Felony, Embezzlement

    Sorry... the EL crystal ball is out of service today.

    We really can't predict what will happen... but I would plan on telling this story the rest of your life to every single employer you will ever interview with.

    You do realize you destroyed your career options, right?

  5. #5
    Join Date
    Jul 2008
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    10

    Default Re: Class H Felony, Embezzlement

    Yea i do, im basically just worried about jail time is all. One night was more then enough for me

  6. #6
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    Apr 2008
    Location
    Texas (Dallas area)
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    1,404

    Default Re: Class H Felony, Embezzlement

    You have your entire life ahead of you. In time this will pass. I just hope you learned something from all of this.

    Whatever happens to you now is what you set up for yourself, however, just be sure not to repeat this kind of foolishness in the future. In life all we can do is live and learn.

  7. #7
    Join Date
    Apr 2006
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    Midwest
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    Default Re: Class H Felony, Embezzlement

    I've seen it go both ways sentence-wise......for example: an internal that I popped doing under-rings, pass-offs, till-tappin', etc...to the tune of about $4K, got restitution and 5yrs proby......while another with similar record and similar M.O., surprisingly went before a grand jury and ended up hammered by 366 days, restitution and $8K in fines/costs.....I would hazard a guess that it really doesn't matter what anyone could "forecast" for ya, depends on the circumstances, like the P.A.'s mood, what's been going on in your local courts, judge's mood, jury's mood, and a host of other varying factors.

    I gotta ask one thing; if you can lump-sum restitution right now then why did you siphon off from your employer? Just curious.....

    One more thing.....research past posts by the member "SeniorJudge" and find where he gives exceptional advice/guidelines on how to prepare/conduct yourself in the courtroom!
    "Stupidity is the only universal capital crime; the sentence is death.
    There is no appeal and execution is carried out automatically without pity."
    Robert A. Heinlein

  8. #8
    Join Date
    Jul 2008
    Posts
    10

    Default Re: Class H Felony, Embezzlement

    Quote Quoting souperdave
    View Post
    I've seen it go both ways sentence-wise......for example: an internal that I popped doing under-rings, pass-offs, till-tappin', etc...to the tune of about $4K, got restitution and 5yrs proby......while another with similar record and similar M.O., surprisingly went before a grand jury and ended up hammered by 366 days, restitution and $8K in fines/costs.....I would hazard a guess that it really doesn't matter what anyone could "forecast" for ya, depends on the circumstances, like the P.A.'s mood, what's been going on in your local courts, judge's mood, jury's mood, and a host of other varying factors.

    I gotta ask one thing; if you can lump-sum restitution right now then why did you siphon off from your employer? Just curious.....

    One more thing.....research past posts by the member "SeniorJudge" and find where he gives exceptional advice/guidelines on how to prepare/conduct yourself in the courtroom!
    Well what happened is i got into some gambling and now my parents will pay the lump sum restitution. Ive got a lawyer and hopefully she can show that i really am a good kid but just did something dumb, which i realize now and am completely ashamed of, and get it to probation and restitution

    Thanks for the help and encouragement guys.

  9. #9
    Join Date
    Apr 2006
    Location
    Midwest
    Posts
    2,312

    Default Re: Class H Felony, Embezzlement

    Good luck to ya......now go forth and sin no more......
    "Stupidity is the only universal capital crime; the sentence is death.
    There is no appeal and execution is carried out automatically without pity."
    Robert A. Heinlein

  10. #10
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Class H Felony, Embezzlement

    Quote Quoting WARRIOR2010
    View Post
    Well what happened is i got into some gambling and now my parents will pay the lump sum restitution. Ive got a lawyer and hopefully she can show that i really am a good kid but just did something dumb, which i realize now and am completely ashamed of, and get it to probation and restitution

    Thanks for the help and encouragement guys.
    Just so you know....

    Every single defendant in open court is really a good kid but made a mistake.

    Apparently, there are no actual criminals in the world... just good kids making mistakes.

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