My question involves criminal law for the state of: California
I worked as a cashier for a store that I have a credit card for, and about a month ago (10/12, I think) I made a false payment to my card for $250. A few days later I was called up to the office by an upper LP officer that does not work at that store. I wrote a confession stating exactly what happened and I signed a paper saying that will pay them back the $250 (by no set date). The store LP did not want to have any charges against me, but corporate had them call an officer to arrest me. The officer told me I was being charged with felony embezzlement and I had to be booked. I have a clean record and never been in trouble with the law, and he could tell I was scared: he was very compassionate (put the cuffs loose, helped me into the car, etc.). While in the cop car on the way to the jail he reduced it to a misdemeanor but I still spent about 5 hours a cell before being given a citation to appear in court 11/17. While in the cell, the officer who arrested me came over and read me my rights, but also had me give a recorded verbal confession.
Because I have a clean record, am a full time student set to graduate in about 6 months, have already signed the contract to pay the store back, and have given the written and verbal confessions, will I be able to be put into the diversion program or anything that does not involve jail time? I've read a lot of places that because it's a first time offense I most likely won't get any time to serve, but I'm really scared about possible jail time. Also, could this possibly get reduced to petty theft? The officer that arrested me said that it could have been charged as that except (as I've read) this fits 2/3 of the criteria for embezzlement.
I worked as a cashier for a store that I have a credit card for, and about a month ago (10/12, I think) I made a false payment to my card for $250. A few days later I was called up to the office by an upper LP officer that does not work at that store. I wrote a confession stating exactly what happened and I signed a paper saying that will pay them back the $250 (by no set date). The store LP did not want to have any charges against me, but corporate had them call an officer to arrest me. The officer told me I was being charged with felony embezzlement and I had to be booked. I have a clean record and never been in trouble with the law, and he could tell I was scared: he was very compassionate (put the cuffs loose, helped me into the car, etc.). While in the cop car on the way to the jail he reduced it to a misdemeanor but I still spent about 5 hours a cell before being given a citation to appear in court 11/17. While in the cell, the officer who arrested me came over and read me my rights, but also had me give a recorded verbal confession.
Because I have a clean record, am a full time student set to graduate in about 6 months, have already signed the contract to pay the store back, and have given the written and verbal confessions, will I be able to be put into the diversion program or anything that does not involve jail time? I've read a lot of places that because it's a first time offense I most likely won't get any time to serve, but I'm really scared about possible jail time. Also, could this possibly get reduced to petty theft? The officer that arrested me said that it could have been charged as that except (as I've read) this fits 2/3 of the criteria for embezzlement.
Retail Fraud / Shoplifting: No Jail Time, Right
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