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Headed to Prison Dedicated to those who are facing incarceration. What to expect; what you can do to prepare; Q&A's; support.

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  #1  
Old 03-06-2012, 10:20 AM
calrt2 calrt2 is offline
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Default What is the Statute of Limitations for embezzlement?

I am new here and looking for a little advice. I am located in central new York. I was fired from my job about a month ago, for something not related to embezzlement however I have a feeling deep down in that I am on the radar and that they will see once they start going thru things that I took approximately $7400 by giving myself 2 paychecks some weeks during the time I was there. Wondering how long they have to file a case against me. I have not slept in the past month always always looking over my shoulder just waiting.

Do cops normally try and arrest you at home or will the hunt me down and so it anywhere? I have no experience in crimes, I have never been in trouble except a traffic ticket a few years back for a headlight.

For something like this when/if I am arrested can bail normally be set so that I do not have to stay in jail to long?

I am more scared that if this happens it will be on a day that I have my daughter and I do not want to have her go thru this.

Thank you everyone for any advice you may have.
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  #2  
Old 03-06-2012, 02:34 PM
alwaysfree alwaysfree is offline
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It could happen any day or it could take years. In most states they list warrants and even grand jury indictments when the come out. These can alert you to how close they are to coming for you. There are things you can do right now to help yourself. Both involve money.
1) Retain a lawyer
2) Get together that $7400 you embezzled.
Talking with your lawyer and taking his advice and having the money to pay back that company will insure the BEST outcome of what is about to happen to you.
If you don't have that money for a lawyer then you need to spend your time raising it legally somehow. Don't turn yourself in without a lawyer, thinking they will cut you some slack because you came forward. Getting a lawyer and taking his advice is your best option now.
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Old 03-06-2012, 03:08 PM
calrt2 calrt2 is offline
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When you say they post warrants, I guess I am kinda confused. Where would I need to look for something like this?

Next issue I have is I do not have any money for a lawyer, nor do I have any of the money from the company. I could slowly start putting money away so that I could come up with some of it, but then that still leaves me with no lawyer. Is it better to try and get a lawyer on my own or a court appointed. By what I have ready if I go get my own I can hopefully save some time on bail when I do get arrested.

Will they most likely come to my house door first, or will they try to hunt me down at other places to arrest me?
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Old 03-06-2012, 04:26 PM
alwaysfree alwaysfree is offline
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In my state I looked on the state website, the state police list every warrant in alphabetical order by the persons last name. Maybe google warrants in new york, just start looking on the net. I also found a place on the same website and put my name in and found out about 4 felony drug indictments that came down in my name. I was able to then retain a lawyer and stay ahead of them. I never got arrested or had to bail out, the lawyer took care of it all. I just showed up in court a few times while waiting for a plea bargain which I accepted eventually. I had money though.
OK you can't get a court appointed lawyer unless you are arrested and charged first so that's not the way to go. Sitting around waiting to be arrested and then get a lawyer isn't being proactive. Look on the net or the phone book and get some free legal aid and take advice from them instead of me.
If you do some reading on here you will see where some people who embezzled waited years for the investigation to be completed and for them to finally be arrested. Search embezzle on here.
When arrested the police will go to the most logical place to arrest you which is your home, next will be where you work. You may not have a very high bail for a white collar non violent crime like this, maybe no bail and just OR. If I were you I would be doing everything possible to get up the money to retain a lawyer right now.
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Old 03-06-2012, 04:35 PM
alwaysfree alwaysfree is offline
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Also from the reading I've done on embezzlement these cases can take a lot of months to years to fully investigate. They will want to examine everything to make sure they find all the criminal acts. Seeing how you just left there one month ago I would 'guess" you have months to wait.
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Old 03-06-2012, 04:45 PM
calrt2 calrt2 is offline
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Thank you very much for all of the advice.....yay months to sit around and feel terrible.....I am going to do by best to get money for a good lawyer, now to get on google and try to find a good one in my area.
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Old 03-06-2012, 07:44 PM
hzleyes35 hzleyes35 is offline
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I was in the same boat as you calrt2. Since August of last year. I waited 3 months before they even came and questioned me. I retained a lawyer immediately. Did my interview with DCI the week before Thanksgiving. Didn't get charged with anything until February 3rd. Finally had my fist court appearance February 28th. PSI meeing the 20th of March and sentencing on April 24th. What I'm getting at, it's a long hard waiting game. All the grief, depression, worries, acceptance. You go through it all. It's not easy, but you will survive. My biggest worry is my 5 year old, but I've been talking to him about mommy being gone for awhile. So he's ready. He'll be ok and so will your daughter. Just communicate so it's not a shock, when the time comes. Save up your money, be ready to pay them everything and then some back. Good luck to you.
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Old 03-06-2012, 08:17 PM
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Quote:
Originally Posted by hzleyes35 View Post
I was in the same boat as you calrt2. Since August of last year. I waited 3 months before they even came and questioned me. I retained a lawyer immediately. Did my interview with DCI the week before Thanksgiving. Didn't get charged with anything until February 3rd. Finally had my fist court appearance February 28th. PSI meeing the 20th of March and sentencing on April 24th. What I'm getting at, it's a long hard waiting game. All the grief, depression, worries, acceptance. You go through it all. It's not easy, but you will survive. My biggest worry is my 5 year old, but I've been talking to him about mommy being gone for awhile. So he's ready. He'll be ok and so will your daughter. Just communicate so it's not a shock, when the time comes. Save up your money, be ready to pay them everything and then some back. Good luck to you.
Thank you very much. So they came and questioned you before they made any arrest? Did you have a lawyer before the questioning happened? My daughter just turned 5 also, and the possiblity of not seeing her for an extended period of time is killing me.....Have they given you an idea of what your sentencing will be? I have heard here anything from a few years in prision to probation, I don't know if it depends on the judge or what but those seem like a very wide array.
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Old 03-07-2012, 12:04 AM
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Yes, DCI came and questioned me first, and I requested a lawyer. DONT say anything until you have your lawyer. My lawyer then set up a meeting for me to be interviewed. I'm not fighting the case, because I did do the crime, and I was just relieved to be finally caught really. So right away I knew I was going in guilty. I then received a Self Surrender bond warrant, so no physical arrest by police. As far as the time I'm going to get, that's really up to the judge. I do have a recommendation from the DA for a no jail sentence. But again it's totally up to the judge whether he will follow through or not. A lot I think depends on the amount taken, and the amount of time it was taken. I hear you about not seeing your daughter. I have been absolutely sick about the thought of leaving my son. He's a momma's boy so I know this won't be easy on him. I have my good days and bad days. Sometimes I don't sleep for days worrying about this. Then I just get control of myself and think It will be over before I know it, and my little guy will be ok. I've been telling him that I will be gone awhile for "work". He's 5 and doesn't understand jail. To him cops are good, and I want him to keep thinking that way. He has an uncle that is over sea's right now, so he thinks I'm going to be doing something like that. He's grasp's it better this way. And if I go to county jail, he's not allowed to visit because he's under 18, so I wanted him ready to not see me for awhile. But I'm still praying that the judge goes with the recommendation of no jail time. If you need to talk just PM me, or chat here. I know how this all feels. You will have your ups and downs of course. But it will be ok. You made your mistake, own up to it, and move forward in the right direction from here. This sight has been so great for me! It will help you as well.
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Old 03-07-2012, 08:40 AM
JimG06 JimG06 is offline
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Number 1, get an attorney. Number 2, ask him/her about the option of approaching the company, admitting you made a mistake and paying back the money. Not a suggestion to do it, just one to seek council on.
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Old 03-07-2012, 06:02 PM
prisonlady prisonlady is offline
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You can ask your lawyer whatever you want but approaching the company before they even find out about the missing money or accuse you of anything is one of the worst things you could do to yourself on a psychological level. I am not even talking about the legal aspect because I don't think I'm qualified. It's just that if, of course, you still have to pay the price for your actions, you will always wonder whether you should not have shut up until asked, at the very least, or, even better, moved far without providing an address. After all, the amount you took is not necessarily large enough to justify working really hard to get it back if you are no longer easy to find and in the same state, and nobody asked you anything about the money yet. I am not necessarily saying that you should run away, but if you turn yourself in before your actions are even discovered, these ideas will probably bother you even if you actually think that most likely, the company would have found out some day and you would have gotten in legal trouble sooner or later.
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  #12  
Old 03-07-2012, 11:13 PM
hzleyes35 hzleyes35 is offline
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Quote:
Originally Posted by prisonlady View Post
You can ask your lawyer whatever you want but approaching the company before they even find out about the missing money or accuse you of anything is one of the worst things you could do to yourself on a psychological level. I am not even talking about the legal aspect because I don't think I'm qualified. It's just that if, of course, you still have to pay the price for your actions, you will always wonder whether you should not have shut up until asked, at the very least, or, even better, moved far without providing an address. After all, the amount you took is not necessarily large enough to justify working really hard to get it back if you are no longer easy to find and in the same state, and nobody asked you anything about the money yet. I am not necessarily saying that you should run away, but if you turn yourself in before your actions are even discovered, these ideas will probably bother you even if you actually think that most likely, the company would have found out some day and you would have gotten in legal trouble sooner or later.
I agree. I knew I took the money, but I still waited for them to approach me. Mainly because I knew what the consequences would be. And I didn't want to help them by making me leave my child. So I waited. When I was approached though, I didn't lie. Then I came forward with everyting, BUT I had first spoken with a lawyer, and had by lawyer present at questioning. But again this was just my situation.
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Old 03-07-2012, 11:47 PM
alwaysfree alwaysfree is offline
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Quote:
Originally Posted by prisonlady View Post
After all, the amount you took is not necessarily large enough to justify working really hard to get it back if you are no longer easy to find and in the same state, and nobody asked you anything about the money yet.
He has a 5 year old child that visits him. He doesn't need to move away or try and become hard to find. He needs to face the music when it knocks at his door and be there for his child after he puts this behind him.IMO
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Old 03-08-2012, 12:37 AM
hzleyes35 hzleyes35 is offline
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He has a 5 year old child that visits him. He doesn't need to move away or try and become hard to find. He needs to face the music when it knocks at his door and be there for his child after he puts this behind him.IMO
Yep. I never wanted to run. Just owned up to my problems, when the time came.
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Old 03-08-2012, 04:15 AM
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Please send a PM to a moderator asking for this thread to be removed! this is the world-wide-web and anyone can see what you've posted - not a good idea to post very personal info at all.
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Old 04-08-2012, 08:45 AM
calrt2 calrt2 is offline
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I finally secured an attorney. He thinks that I should first go to the old employer and confess that I did it and see if they will just take the money back and not press any charges against me. My feeling on that is its like admitting guilt, and if they are currently not suspecting anything, then they would. I feel he is getting paid to advise me and he has been doing this for 40+ years so I assume this is good advise. I have asked that he contacts them representing me instead.


What are your opinions on this?
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