Cashier Caught Making Fraudulent Returns

My question involves criminal law for the state of: Louisiana
Ok I'm goin to court for theft by fraud I was a cashier at a retail store and would run returns on the register even though it wasn't a legit return. I would then sell the cards for a little less then what was on it for cash. This is my first felony and I did almost 13 thousand in damage but I got almost most of the cards returned with the money on them what am I looking at?

That is dependent on whether you are charged with one or several charges. What are the current charges? Your criminal history? Have you hired an attorney? If you have not you better.

For 13,000? Prison.

That's the best I can do unless you give us the statute you were charged under.

You say first felony - how many OTHER crimes are on your record?

I have no other crimes on record is there a chance I will get probation with papers?

$13,000 of theft? And you think probation is all you will get?

No.

Reality: PRISON. Restitution. Court costs and fines. You may get probation AFTER getting out of the Gray Bar Motel.

Time to hire a Criminal Defense Attorney, you are going to need one.

How much prison u think

Returning the money will help your case, but won't erase it.

You don't get to claim you didn't rob the bank because you returned the money you stole.

U think I will be ok? I know someone stole 18 thousand out of deposits from pizza hut over time and he got probation and restitution

We can't tell you how much prison time. We don't know how tough on crime the prosecutor/D.A. is in your area.

Seriously - you need to hire a lawyer asap.

I got a public defender

Then ask HIM what you're likely to get. We don't know.

I will be ok in the end either way?

That depends on your definition of okay. It's a lot more likely that you're going to serve time than that you're not. So if "okay" means you're not going to jail, then no, there is no guarantee that you're going to be okay. If, on the other hand, "okay" means alive, well, they're not going to execute you.

Let's put it this way....

The job market sucks.

Having a criminal record makes it harder and harder to find a job. You will not be working anywhere near money or a cash register. You will be lucky to say "Would you like fries with that?". Not to mention after prison - you will have a gap in your employment history.

Want an apartment when you get out of prison? A lot will turn you down for crimes of moral turpitude.

I'd take your time in prison to learn a trade if you can.

PS...I am being serious.

Im almost done with trade school for Instrumentation. Someone told me I will prob get probation with papers

And someone here told you that probation is unlikely.

In the end, the only one who gets a vote that counts is the sentencing judge.

Your lawyer can estimate your penalty, based upon the facts and likely plea bargains. You, yourself, can work through the sentencing guidelines to try to estimate a sentence.

U think I will be ok since 1st crime?

Define, ok.

I will have papers with probation and restitution and after all said and done I will bounce back

I have said it before. I will say it one more time, and after this I will not say it again.

If by OK, you mean do we think that you will simply get probation, then no, I do not think you will be okay. I don't much care what someone else told you - if they said you'll be okay, meaning you'll just get probation, then I think they're wrong. But if you'd rather believe them, it's no skin off my nose. I'm not the one going to jail. I'm not the one who'll never get a job again that doesn't require asking, "you want fries with that"?

If that is not what you mean, then either explain yourself intelligibly or go find another forum. Preferably one where I don't respond.

I'm goin be ok they give u a break 1st time

Okay, you just go on believing that.

http://law.justia.com/codes/louisian...146/78607.html

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Quoting shawn113

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I'm goin be ok they give u a break 1st time

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Work through the sentencing guidelines and/or talk to your lawyer.

Someone told me since 1st felony prob just get probation and restitution with suspended time

If you are so convinced that this mysterious "someone" is correct, why did you post here in the first place?

If you read the links given to you....you could get up to 10 years in prison.....

Let's cut to the chase.

You came here hoping we could tell you that all you would get for stealing $13,000 was probation. We can't tell you that. While possible, I don't think probation alone is probable. Your friend is telling you differently.

Believe whomever you wish.

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Quoting shawn113

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Someone told me since 1st felony prob just get probation and restitution with suspended time

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This person would be your lawyer? Your friend who was caught stealing in the same manner? The village idiot?

When you worked through the sentencing guidelines, what did you learn?

To be honest, if you got a public defender you're looking at jail time. You're going to need a top dollar lawyer to avoid jail, and even then you're going to be on probation for a hot minute. 13,000 is serious business in the eyes of the court. You MIGHT be okay if it is your first charge ever. On another note how old are you?

im 20 years old and everyone seems to think im goin be ok most of it was returned

Everyone except the people on this board. But it's your choice who you want to believe.

When you worked through the sentencing guidelines, what did you learn?

You're making it seem like you're too lazy to make the effort and just want somebody to hold your hand.

No, Mr. K, he wants everyone to assure him that he's only going to get probation. If he works through the sentencing guidelines he might find out that it isn't true, so he's not going to do that - he's going to continue to insist that we all tell him what he wants to hear.

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Quoting shawn113

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im 20 years old and everyone seems to think im goin be ok most of it was returned

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Yeah you're getting jail time....I'd say 90% chance for at least a year. Trust me whatever your friends tell you means absolutely nothing. Their charges might have been similar but weren't at/with the same time, location, judge, etc. When is your court date and what has your lawyer said?

Prob not more than a year u think? And I haven't spoken to my public defender yet

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Quoting shawn113

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Prob not more than a year u think? And I haven't spoken to my public defender yet

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Honestly I can't give you any real numbers I'm not a lawyer. You need to get in touch with him like now. When did you get charged/arrested?

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Quoting shawn113

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My question involves criminal law for the state of: Louisiana
Ok I'm goin to court for theft by fraud I was a cashier at a retail store and would run returns on the register even though it wasn't a legit return. I would then sell the cards for a little less then what was on it for cash. This is my first felony and I did almost 13 thousand in damage but I got almost most of the cards returned with the money on them what am I looking at?

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That a very high amount, if u have just this one charge,a clean record and pay back make what you took all those things can result in your favor. Some type of jail or prison time is a very realistic penalty but it really all depends the court,da,judge. One court might give you 6 months,another a 15 months it really all depends. With an excellent lawyer.the right judge and da maybe felony probation is possible but that could be a long shot. Maybe you can get 6 months in then 5 year probation. Find a good local lawyer and he or she can give you a honest option on what your facing. They ain't gonna throw away the key but you could expect a decent amount time behind bars.

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Quoting shawn113

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Prob not more than a year u think? And I haven't spoken to my public defender yet

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Perhaps you should ask for a forensic evaluation, as you appear to be incapable of understanding the charges against you or how to assist in your own defense.

One more time....

When you worked through the sentencing guidelines, what did you learn?

You're making it seem like you're too lazy to make the effort and just want somebody to hold your hand.

Again...

$13,000 is not a low amount.
$13,000 shows intent and planning.
$13,000 shows you are not a first time offender, just first time being caught.

You are facing serious charges and serious prison time. You need to get the hell off the internet and to make an appointment with your Public Defender. Call him tonight, leave a message. When he calls back, make an appointment to meet and discuss your charges and options.

I looked at the sentencing guidelines, and you face up to 10 years in prison, plus fines and restitution.