Will I go to jail for 2nd degree theft of $1600on a bad check that I was sent and cash on a job my bank is pressing charges, what can I do? 12 Answers as of February 27, 2013

I was sent a check in the mail by the company for secret shopper and I cashed it I sent the company their part back and spent 50$ shopping. My pay was 400$ the bank says the check was bad and I couldn't pay it back as fast as they wanted me to I did give my pay of 400$ back to the bank. I am charged with theft of property 2nd degree and I want to know can I go to jail this is my first offense.

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William L. Welch, III Attorney | William L. Welch, III
It's anybody's guess at this point, because sentencing depends on whether you are found guilty, the seriousness of your offense, your prior record, mitigation, allocution, and the judge. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, elocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.
Answer Applies to: Maryland
Replied: 2/27/2013
Law office of Robert D. Scott | Robert Scott
Theft carries a penalty of 90 days to 1 year or more incarceration, upon conviction. As a first offender, you may qualify for a program.
Answer Applies to: Maryland
Replied: 2/24/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
You need to get a lawyer. This was a scam. You were put in this position with the fake check. Maybe the lawyer can get you off since you had no criminal intent.
Answer Applies to: Michigan
Replied: 2/21/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
That is a scam that only young people fall for. If it sounds too good to be true it is. If you have to send them back money instead of them just paying you it was a red flag that it was a way to get you to cash a bad check. Then you did not make good on it and got a felony charge which might result in a criminal record. Retain a good lawyer to try to get it dismissed. Stay away from get rich quick schemes and ask your parents before you get involved in something like this.
Answer Applies to: New York
Replied: 2/20/2013
Universal Law Group, Inc. | Francis John Cowhig
The short answer is that, unfortunately, jail time is always a possibility.
Answer Applies to: California
Replied: 2/20/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Anything is possible, but I doubt seriously that you will be sent to jail. Hire a good attorney, or ask for the public defender, and see if you can enter a court diversion program to keep this matter off your permanent criminal record, and eventually get the arrest expunged from the record completely.
    Answer Applies to: Illinois
    Replied: 2/19/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Retain an attorney, or plead guilty.
    Answer Applies to: Georgia
    Replied: 2/19/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Hire a lawyer before you open your mouth to the wrong folks and incriminate yourself further.
    Answer Applies to: California
    Replied: 2/19/2013
    Toivonen Law Office | John Toivonen
    I need to see the contract and what it said that you could do and could not do. Even if you did not follow the exact terms of the contract, you could have made a mistake. I would need to know more to determine if you committed a crime. You should hire an attorney.
    Answer Applies to: Michigan
    Replied: 2/19/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Ask for and discuss case with attorney.
    Answer Applies to: California
    Replied: 2/19/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Normally you would not go to jail for a first offense theft type case.
    Answer Applies to: Alabama
    Replied: 2/19/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    Yes, you can go to jail for any crime. Whether or not you actually DO go to jail is anybody's guess. Obviously, I have no idea whether or not you have any defenses and I haven't a clue as to whether or not the DA can actually prove their case against you. Get yourself a good, local attorney. He or she can review the evidence to determine your best course of action. You may be eligible for probation or other programs that vary by county.
    Answer Applies to: California
    Replied: 2/19/2013
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