Expert: Robin Sexton - 8/14/2009

Question
my nusband has been charged with 1 count falsifying business records class e 1st degree and 1 count petit larceny 202 dollars. he allegedly voided transactions at the restaurant he was a supervisor at and pocketed the cash. he got an appearance ticket and went and pleaded not guilty. is he facing alot of jail time?

Answer
Stephanie,

Sorry about the problems you and your husband are having.  It is very difficult for anyone in a forum like this to be specific as to possible sentence.  The variances between states and jurisdictions are to great.  Best i can do is generalities.   The charges appear fairly minor with the exception of the business records.  In my state would charge simply embezzlement.  Both offences bring in the issue of "trust" which is the true offence not the missing money.  So obviously that kicks it up a notch.  The biggest question is does your husband have any prior record.  With no prior record and the type of offense I would suspect probation and fines.  An attorney familiar with your local system could advise you better.  I would definitely obtain one and for the following reason.  The attorney may be able to negotiate a reduces plea and possibly a suppressed record.  If they can then this act will not follow him in his efforts to seek employment.  Your husband needs to concentrate on either getting the record suppressed or placed in a category where it can be expunged or hopefully deferred to keep it off his record.

Good luck

robin