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  1. #1
    Join Date
    Nov 2007
    Posts
    19

    Unhappy Embezzlement From An Employer

    charge with embezzlement by employer, 8,100 out on bail
    my question is my employer never gave me my last checks its been 2 months, they total about 5000, will i ever get them? i just got the police report with the evidence against me, I have an attorney but haven't talk to him because of the holiday, But he is already working on a plea bargain, i will be able to have the money for restitution, and plan to walk in there with a check, i was complain, remorseful with officer, even though they arrested me in front of all my co workers, with customers, im a permanent resident,
    is this charge consider a aggravated felony? next year i was planning to join the national guard, i know every case is different, what consequence am i looking at?
    im not no Jordan Belfort 110 million and doing only 2 years,

    CA
    please advise

  2. #2
    panther10758 Guest

    Default Re: emblezzement!!!!

    These are things to discuss with your Attoreny however yes your looking at Felony charges. Far as National Guard you might as well forget that

  3. #3

    Default Re: emblezzement!!!!

    In California the employer may not hold the final paycheck.

  4. #4
    Join Date
    Nov 2007
    Posts
    19

    Default Re: embezzlement!!!!

    yes i know there felony charges,
    but are this charges consider as an aggravated felony's?

  5. #5
    panther10758 Guest

    Default Re: emblezzement!!!!

    Can you post the penal code for which your being charged?

  6. #6
    Join Date
    Nov 2007
    Posts
    19

    Default Re: embezzlement!!!!

    penal code 487a
    penal code 508

    im aware of the consequences, I'm just scared, that just like everyone else, as a first offence, suffers in the long run(employment)
    alot of the places i try to apply have been honest, and have gotten shut down, i know im going to start from the button but some employers have ask me along its not a aggravated felony,

    i never read so much how California has the worse prison problems, so overcrowded,
    i believe there is not enough rehabilitation programs, to help people come out and stay out, to many people fall back in the same crime routine,

  7. #7
    panther10758 Guest

    Default Re: emblezzement!!!!

    Most likely outcome your Attorney arranges plea deal that takes it down to misdemeanor. However this will impact your joinning the National Guard most likely and will clearly have an impact on your being hired by some employers

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: emblezzement!!!!

    California Penal Code provisions:
    Quote Quoting CPC 487a
    (a) Every person who shall feloniously steal, take, transport or carry the carcass of any bovine, caprine, equine, ovine, or suine animal or of any mule, jack or jenny, which is the personal property of another, or who shall fraudulently appropriate such property which has been entrusted to him, is guilty of grand theft.

    (b) Every person who shall feloniously steal, take, transport, or carry any portion of the carcass of any bovine, caprine, equine, ovine, or suine animal or of any mule, jack, or jenny, which has been killed without the consent of the owner thereof, is guilty of grand theft.
    Quote Quoting CPC 508
    Every clerk, agent, or servant of any person who fraudulently appropriates to his own use, or secretes with a fraudulent intent to appropriate to his own use, any property of another which has come into his control or care by virtue of his employment as such clerk, agent, or servant, is guilty of embezzlement.
    Quote Quoting CPC 514
    Every person guilty of embezzlement is punishable in the manner prescribed for theft of property of the value or kind embezzled; and where the property embezzled is an evidence of debt or right of action, the sum due upon it or secured to be paid by it must be taken as its value; if the embezzlement or defalcation is of the public funds of the United States, or of this state, or of any
    county or municipality within this state, the offense is a felony, and is punishable by imprisonment in the state prison; and the person so convicted is ineligible thereafter to any office of honor, trust, or profit in this state.

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Embezzlement From An Employer

    These are crimes of moral turpitude, but not "aggravated felonies" in the sense that they are violent or considered to be among the most serious offenses.

    I have no idea whether they will keep you out of the National Guard THESE days, but at one time, they would have.

    - Carl

  10. #10

    Default Re: Embezzlement From An Employer

    as for your pay checks, most states require employers to send checks to employees within a certain amount of time. but, at this point i don't think i'd make an issue of it. tell the attorney and let him deal with it.

    as for will you ever see any of the money? probably will depend on what is in the plea agreement, could be months away depending on how quick things progress.

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