Grand Theft or Embezzlement
My question involves criminal law for the state of: Florida
I was accused of stealing from my employer. I admitted to a portion of it and they suspended me while they investigate. I was terminated with in a couple of days.
I offered to pay back what I took which they agreed to. They did inform me that regardless, it was policy to file a police report. I do not have funds to hire an attorney and do not know what avenue to take at this point. I want to do the right thing, as I know I did the wrong thing. Do I sit back and wait or should I be proactive? Also, does this fall under embezzlement or is it considered grand theft? Please advise.
Re: Grand Theft or Embezzlement
How much money did you take? Thats the main point thats needed here. Its all great that you have remorse and want to do the right thing but: don't screw yourself. If it *does* come down to court, plead Not Guilty, ask for a public defender and keep your options open. Not Guilty is NOT the same thing as saying "I'm innocent". It is simply stating you want the state to prove your guilt. If you feel guilty and plead Guilty, there is nothing left to do but sentence you! At least with a Not Guilty plea, you can take a chance there will be a plea bargain, pre-trial intervention, etc. Did you sign anything when you were questioned by the company? Were the police involved yet?
Re: Grand Theft or Embezzlement
Hello,
It was under $15k, over the course of a year. While being questioned by the employer, my nerves took over and I did sign a statement, admitting to a small amount, (less than $1000). No police were, nor have been involved as of yet, but this is fairly recent. If charged would this be one charge or numerous as it was not all done at one time? Do I have to be formally charged to ask for a Public Defender or can I seek one now? I have no prior arrests or record.
Re: Grand Theft or Embezzlement
Did you have a position of trust, like an accountant or CFO? Or were you just someone who had access to money?
Makes a bit of a difference as far as to what you may face if you did something like write yourself checks or redirect funds as compared to simply pocketing money from time to time.
Re: Grand Theft or Embezzlement
I was in charge of collecting money for rents.
Re: Grand Theft or Embezzlement
This would be embezzlement.
Re: Grand Theft or Embezzlement
For many crimes, but quite notably for theft crimes, it's not unusual for it to be possible to charge one of a range of offenses. Although one person might argue, "X should be charged, not Y", or "Given the facts I would charge A, because although B could be charged it's a much more serious offense and the facts don't justify it," but it's ultimately up to the prosecutor.
Re: Grand Theft or Embezzlement
What can I do to be proactive in this situation? Typically it these types of cases, are you arrested outright, are you sent a summons, I am completely naive to the process. I just don't want to sit back and do nothing, leaving myself even more vulnerable. All advice is very much appreciated.
Re: Grand Theft or Embezzlement
I'd start by talking to a few criminal defense lawyers. Beyond that until charges are filed, don't fret it too much.