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  1. #1

    Red face Embezzlement

    I was arrested for theft by employee (embezzlement) from the Home Depot for about $1300. I was arrested....?
    and no bail was set. I live in MICHIGAN so they (HD) had 72 hours to charge me. Well they didn't send a charge or a warrant to the jail/court (or whomever) so I was released even before the 72 hours (within 48hrs). Upon being released, they (the officer) told me that it would be under further investigation (he actually said "I don't know, they just said that it is under further investigation"). Can they still charge me? Will they?
    I confessed to the LP and wrote a statment (which I now think was a bad idea) but he said to cooperated and they would help me (but I now learned that they have the right to lie to make you admit)

    I have NOTHING on my records as this is my first offense. Should I be okay?

    Do you think I will go to jail?

    Do I just wait for them to contact me or is this over?

    I am soooo scared...I don't want to hear how bad this was because trust me I already know!!!

    One more important question:How should I plead if I'm sent to court??
    (someone told me that if I plead guilty then my rights to a lawyer are out the window, but if I plead not guilty then Im lying since I've already written a statment and all)

    PLEASE HELP!!!!

  2. #2
    panther10758 Guest

    Default Re: Embezzlement

    $1300.00 makes it a felony however first offense I would suspect a plea deal could be arranged bringing it down to misdemeanor charges and possibly no jail. You should contact a criminal defense Attorney right away and discuss your options.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Embezzlement

    If WorriedToDeath is between the ages of 17 and 21 with no record, a HYTA (Holmes Youthful Trainee Act) deal would be a good outcome.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Embezzlement

    Quote Quoting WorriedToDeath
    View Post

    snip

    I was arrested for theft by employee (embezzlement) from the Home Depot for about $1300. I was arrested....?
    and no bail was set. I live in MICHIGAN so they (HD) had 72 hours to charge me. Well they didn't send a charge or a warrant to the jail/court (or whomever) so I was released even before the 72 hours (within 48hrs). Upon being released, they (the officer) told me that it would be under further investigation (he actually said "I don't know, they just said that it is under further investigation"). Can they still charge me? Will they?
    HD DID file charges, the police could not have arrested you without a complainant.

    If a person is arrested WITHOUT a warrant, the state has 48 hours, per the federal constitution, to hold a probable cause hearing/arraignment IF still held in custody.

    It "appears" you were released within this time frame to avoid an arraignment, if HD dropped the charges though, you would have been informed by the police, so yes, it does appear a court date is forthcoming.

    If indigent, you are required by law to be provided an ATT IF the state will seek or impose jail time, per the federal constitution. MI's constitution may provide an ATT regardless of if the state will seek to impose jail time. Inquire as to what type of programs are available as Aaron duly points out.

    You can discuss with your ATT about recanting any confession or signed statement and the legalities.

    Good luck to change your life for the better.

  5. #5

    Default Re: Embezzlement

    Quote Quoting BOR
    View Post
    It "appears" you were released within this time frame to avoid an arraignment, if HD dropped the charges though, you would have been informed by the police, so yes, it does appear a court date is forthcoming.
    Why would they release me though to AVOID ARRAIGNMENT?

  6. #6

    Default Re: Embezzlement

    And yes I'm over 21

  7. #7
    panther10758 Guest

    Default Re: Embezzlement

    To collect more evidence, investigate, or possibly to get you to agree to plea bargain

  8. #8
    Join Date
    Jul 2008
    Posts
    1

    Default Re: Embezzlement

    First off, relax. Breath deeply.
    Now, from what I have read you have seemingly even spoken but in passing to an attorny. It is a common mis-conception that, "I cannot afford an attorny!" That it is why it is written in the laws one MUST be appointed to you. Believe it or not, they are not hacks. They have a job to do and will defend you.
    Sounds to me at this point what you need is damage-control. You confessed, wrote a statement and while all that is good and honorable, please understand that the Judge does not know your good intent, just that you confessed. You can be the greatest person in the world, buddy... but if you are guilty, feeling bad about it does not change the fact you are guilty. So, from a legal standpoint, you need to talk to a lawyer, listen to him and follow his or her advice.
    Many who come to this page do so for a reason. We have either been accused or convicted of such a crime. What you want to do ultimately, is get your life back on track and put this behind you. I won't lie.. the road is long hard and bumpy, but if you really want it, it will happen.

    Good luck

    Geo

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