My question is a legal matter that has to do with Theft

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My question is a legal matter that has to do with Theft

I have an Attorney but I’m not sure if he is getting me the best deal. I stole 3,500 dollars from Target and I have agreed to pay them back. We made a payment plan, 100 dollas a month and I have not missed a month in paying them but my attorney says that the best deal that he can get me is either 5 years probaion or the highest 6 month in prison and five month probation and the the judge will seal the record. And I don’t think that is the best deal. I think a deal would be 3 years probation, no jail time at all, and they seal the record. Do you think that I am being unreasonable?

Asked on June 2, 2009 under Criminal Law, New York

Answers:

M.H., Member, California Bar / M.H., Member, California Bar

Answered 12 years ago | Contributor

Depends on the circumstances of the theft.  If I had to guess, I'd say you were an employee of Target who took the money by either altering the books or taking from the till.  In either event, the court would likely perceive this as a betrayal of trust, and worthy of a stiffer punishment for what sounds like a first offense.  If you are a repeat offender, I think it's a fair deal in any county, particularly in the more conservative ones.  In the New York City area the judges and the prosecutors tend to be a bit more lenient because of the sheer volume of cases.

True, you are facing a felony conviction judging by the five year period of probation, and three years would be a misdemeanor.  However, it also sounds like the case against you is strong, and this can also play into the A.D.A.'s decision of what to offer you.  You don't have too many options except perhaps to discharge your attorney.  I also question how the record could be sealed in a deal including 5 years probation unless you are getting youthful or juvenile offender status.  

Adult felonies don't seal.

 

I offer this information in an effort to allow you to better understand some general legal principals that may apply to your fact scenario.  This is not intended to substitute for a detailed consultation with an attorney.  Thus, the information above does not constitute legal advice.  


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