Indicted on an Grand Theft (F4) and Theft (F5)...What to expect
I have been indicted on an Grand Theft (F4) and Theft (F5). I never tried to hide my crime because I was intending on paying the money back hoping no one would ever realize... Long story of years of hard luck, etc. The detective who came was one I knew and had figured out what had happened and knew that I had no intent of malice and I was pushed beyond my breaking point by factors beyond my control. He told me he didn't think I would have to go to prison but I would definitely be on probation.
What I want to know is was he blowing smoke or is this a real possibility. There are several mitigating factors, including working on an agreement for repayment of the funds. I also have several health issues and I'm on SSDI as well as being the only adult home most days for a special needs child since my husband is an OTR trucker.
I'm scared. I realize I did wrong in a big way and I can not begin to express the shame and sorrow I feel. I've lost about 10 lbs in a month (not the weight loss program I would recommend), I haven't left my home unless absolutely necessary. I feel like I'm standing on the sidewalk below a giant grand piano waiting for it to fall on me.
I feel for you. I know how the system doesn't care that one has medical issues. I wish you well and I hope that it goes your way and that you get probation and no jail time. Keep in mind tho, that to the officers of the court (prosecutors, judges, co's at prisons) don't have sympathy for us and to them this is business. Few will compassion for you and your health issues while others will treat as it being just your problem. Last but not least, PRAY! PRAY & PRAY again & again...
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I'm trying very hard to pray. That has been difficult for me for several months. I'm trying to find out more information about those considered "chronic care" since I'm pretty sure that is where I would fall.
I have a friend who was convicted of a F5 theft. What i have learned is that most of the time the courts want the money paid back. It is hard to make restitution if you are in jail. I think as long as it is a non voilent offense ( no weapons invovled) that you will get probation. Is this a first offense? My friend got 4 years probation nad could be released after 2 if the money is paid back. In my firends situtation there was also an additional charge of a F3 tampering with records and they dropped that as part of the plea. I will pray for you however the dectitve told you right. Most of the time as I know the courts give probation for these crimes. Again I dont know all of your circumstanses but if it was non violent and you are trying to make ammends the court will look at that. I wish you the best.
I'm 46 and this is a first offense. It was non-violent. There was nothing malicious involved and quite frankly I didn't set out to commit a crime. I am already trying to work on a repayment plan but the person we have to work with won't accept any money at this time because they want to make sure it counts as restitution and said they were afraid it wouldn't count if I started paying back now. I have been charged with an F4 and an F5.
I'm not an expert by any means, but, I've tried familiarizing myself since my son's incarceration. Judges can pretty much do what they see fit. However, I did find a sentencing guide that said for F4's & F5's, alternatives to incarceration are recommended. F3's depended, F1's & F2's were recommended incarceration. I'm sure the fact that you're a first time offender will help you. Alot can depend on the judge you get. I am a parent of a multi needs child & can't imagine what would happen to her if I wasn't here.I wish you the best of luck.