I was arrested for breach of trust, is it a felony?
Question Details:
I borrowed my roomate's car and she didn't get it back until the next day. I was arrested for breach of trust over $1000 under $5000. What penalties do I face? I have some **** charges 11 years ago.
The particular Breach of Trust that you have been charged with is in fact a felony. South Carolina has several different Breach of Trust statutes. Whether or not one is a felony, depends on the dollar amount. If the amount in question is less than $1,000, then its a misdemeanor. Anything over $1,000 is a felony. Yours is between $1,000 and $5,000. There is yet a more serious Breach of Trust which involves cases more than $5,000.
As far as what penalties you face, that is hard to answer because there are numerous factors that go into that and I don't have enough information about you, nor the particular case. It depends on whether you plead guilty or have a trial, whether this is your first offense or second or third, etc. It can also depend on your age, if you work, your family status and so on. Each case is different. The particular charge of Breach of Trust $1,000 to $5,000 carries up to 5 years in jail. But that does not automatically mean that you will get jail time. A lot of these cases result in probation and a lot of them are reduced to the misdemeanor charge.
You are welcome to call or email if you have any other questions. I wish you well.
Robert Johnston, Attorney
Email: LawyerSC@aol.com
Phone: 843-828-1137
I believe that the crime that you are charged with is a misdemeanor but you need to check with a lawyer in your state to make sure. If you borrowed the car and had a set time to bring it back and simply violated that time period by not bringing it back until afterwards, you should be able to work out some deal with the state since the friend got the cart back. Although you have a record, it has been over 11 years since the last charge. Therefore, you may be treated as a first time offender. Under these circumstances you may be able to get into a diversion program where you do some classes and the charge is dismissed. I suggest hiring a lawyer asap to help with the charge.
