Embezzlement in Michigan

I am being accused of embezzlement. I work for a manufacturing facility and was taking some parts and machine tools for resale on the internet. They caught me with some stuff posted for sale but it has not sold yet. and there was some other items that had sold adding up to 217.30 but im not shure if they know about that. anyway i'm not shure what will happen in court. Is this a felony? It seems kinda trivial to me

The Michigan embezzlement statute which most probably applies provides:

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Quoting MCL 750.174 - Embezzlement by agent, servant or employee, or trustee, bailee or custodian; penalty; prima facie proof of intent; enhanced sentence based on prior convictions.

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(1) A person who as the agent, servant, or employee of another person, governmental entity within this state, or other legal entity or who as the trustee, bailee, or custodian of the property of another person, governmental entity within this state, or other legal entity fraudulently disposes of or converts to his or her own use, or takes or secretes with the intent to convert to his or her own use without the consent of his or her principal, any money or other personal property of his or her principal that has come to that person's possession or that is under his or her charge or control by virtue of his or her being an agent, servant, employee, trustee, bailee, or custodian, is guilty of embezzlement.

(2) If the money or personal property embezzled has a value of less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine.

(3) If any of the following apply, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine:

(a) The money or personal property embezzled has a value of $200.00 or more but less than $1,000.00.

(b) The person violates subsection (2) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

(4) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine:

(a) The money or personal property embezzled has a value of $1,000.00 or more but less than $20,000.00.

(b) The person violates subsection (3)(a) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(5) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine:

(a) The money or personal property embezzled has a value of $20,000.00 or more.

(b) The person violates subsection (4)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(6) Except as otherwise provided in this subsection, the values of money or personal property embezzled in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of money or personal property embezzled. If the scheme or course of conduct is directed against only 1 person, governmental entity within this state, or other legal entity, no time limit applies to aggregation under this subsection.

(7) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:

(a) A copy of the judgment of conviction.

(b) A transcript of a prior trial, plea-taking, or sentencing.

(c) Information contained in a presentence report.

(d) The defendant's statement.

(8) In a prosecution under this section, the failure, neglect, or refusal of the agent, servant, employee, trustee, bailee, or custodian to pay, deliver, or refund to his or her principal the money or property entrusted to his or her care upon demand is prima facie proof of intent to embezzle.

(9) If the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions shall not be used to further enhance the sentence for the conviction pursuant to section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.

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You can review Michigan's criminal emezzlement laws more fully here.

is this something i would expect to do some jail time for? I have a past minor in possession of alcohol when i was 18 and 1 possession of marijuana when i was 17. is the judge gonna want a bond at the araignment should i get a lawyer?

If you've been charged, why are you asking what you could be charged with instead of telling us what you were charged with. Yes, it would be a good idea to consult a criminal defense lawyer.

no i have not been charged yet im just trying ti figure out whats going ti happen

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Quoting aaron

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If you've been charged, why are you asking what you could be charged with instead of telling us what you were charged with. Yes, it would be a good idea to consult a criminal defense lawyer.

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My response:

Will our writer go to jail? Will he ever tell us the criminal code violation number? Does he have an attorney? Will the machine shop stop running without its tools? Is Chet really married to Martha?

We'll find out next week on the next episode of SOAP!

(play music, here)


IAAL

i have not been charged so i dont have a criminal code violation #. I do not have an attourney i don't have enough money. no The machine shop wont stop running it was only a few tools it was very minor i still have all of the tools i never sold them the only things i sold were some of the parts we manufacture i added up about $300 that i recieved. Actual value for the company if they sold the items would be about $450

You took/stole things that didn't belong to you, and attempted to sell them on the internet. And your response is:

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It seems kinda trivial to me

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:confused: :confused: :confused:

:mad: first off i came on this site to get a little info not to be attacked by YOU. i know i screwed up but it is amazing what someone will do to pay the bills. and by trivial i mean that the value of the items i stole was low....jack ass

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Quoting mitchp

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:mad: first off i came on this site to get a little info not to be attacked by YOU. i know i screwed up but it is amazing what someone will do to pay the bills. and by trivial i mean that the value of the items i stole was low....jack ass

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Wow! I was simply responding to a statement that YOU made. I have no idea what you meant by it. Are you able to see the confused smiley with the question marks above it? I was CONFUSED and NOT UNDERSTANDING your statement. That's it. It didn't make sense to me, so I inquired about it. My goodness.

You are correct, though, when you say that it is amazing what someone will do to pay the bills.

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Quoting mitchp

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i have not been charged so i dont have a criminal code violation #. I do not have an attourney i don't have enough money. no The machine shop wont stop running it was only a few tools it was very minor i still have all of the tools i never sold them the only things i sold were some of the parts we manufacture i added up about $300 that i recieved. Actual value for the company if they sold the items would be about $450

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The best lesson you can take from our forum curmudgeons is that if you present that attitude to the court you will not find a sympathetic ear.

You should qualify for a court-appointed lawyer, if you petition for one. You have two priors, which will weigh against you at sentencing. Your sentence will likely be defined by the Michigan Sentencing Guidelines, and you should feel free to try to score the guidelines (or when you have a lawyer, to review the guidelines with your lawyer) to gauge the probable outcome of the case.

Back when I practiced criminal law I got, I believe, probation for every single embezzler I represented. But you have to keep that "it's no big deal" attitude in check - it is a big deal.

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Quoting aaron

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The best lesson you can take from our forum curmudgeons is that if you present that attitude to the court you will not find a sympathetic ear.

You should qualify for a court-appointed lawyer, if you petition for one. You have two priors, which will weigh against you at sentencing. Your sentence will likely be defined by the Michigan Sentencing Guidelines, and you should feel free to try to score the guidelines (or when you have a lawyer, to review the guidelines with your lawyer) to gauge the probable outcome of the case.

Back when I practiced criminal law I got, I believe, probation for every single embezzler I represented. But you have to keep that "it's no big deal" attitude in check - it is a big deal.

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My response:

I tip my hat to you, good sir.

Exceedingly wonderful advice and response.


IAAL

Thank you for your response. I am aware that tis is a big deal even though the dollar ammount isn't so big i was just trying to rationalize my mystakes to myself. you made me feel a little better:)