Shoplifting, Larceny, Robbery, Theft Federal Indictment - 9 Counts (Scared!)

[hopeless2010]

I was initially picked up by USPS Investigators (Federal Agents) on July 16, 2010. Why USPS Investigators? The fraud investigator from BoA is friends with one of them...how convenient!

The initial charge was Bank Fraud in the amount of $3,040 (three thousand forty dollars). I sat in maximum security federal prison for 6 nights, 7 days until I finally made bond. Today I find out that they received the indictment with an additional 8 counts. i.e. Wire Fraud, Mail Fraud, Forgery, Bad Checks, etc.

All of the money they allege that I took was under $10k. I have my arraignment on 8/19 in which we plan to plead not guilty on all counts but my big concern is PRISON TIME.

Probation, restitution + fine...whatever they want but I can't do prison time. I have 2 girls that are 4 & 5 years old and they can't be without a Mother.

Given the charges and the actual dollar amount what is the likelihood I can get probation?

Any advice is greatly appreciated.

 

[army judge]

Federal sentencing generally follows certain guidelines. In fact, there is a manual and formulae used for suggested sentencing. I say suggested, because federal judges can now deviate from the guidelines.

Generally speaking, if you have no prior felony convictions, you always receive probation or home detention in the federal system. If you get home detention, you'll be required to pay for and wear an ankle bracelet monitor. It will cost you about $50-60 a month for the monitor, if my old memory is functioning. It may have increased a bit, as u haven't represented a federal criminal defendant in a year.

But, hold your horses, Molly. You are innocent until proven (or you plead) guilty. So, you're putting the cart ahead of the donkey.

First things first, always plead not guilty in the federal system, if you have no priors. And, if you have priors, you'd know to always plead nit guilty! This isn't the time to say, "But, I'm guilty, I did it, dude!" You have the right to remain silent. If you love those babies, you'll do just that, SHUT UP. Let your lawyer represent your interests and work some magic.

You see, Miss Magic, federal prosecutors don't like case backlogs. They want to deal you away. If you hold out (and have no priors, or 20 years since your last felony conviction), the deal gets sweeter if you wait. But, why rush your own hanging, Princess?

Okay, let's sum up. Plead not guilty, remain silent, let your lawyer do her thing, (if you can't afford one, the Feds give you a darn good one for free) await your deal, stay out of further trouble, and you'll get probation.

If you know about others committing federal crimes, the Feds will be real sweet and nice to you and your case might just go entirely away. Finally, you could also get a misdemeanor, deferred sentence. If you complete it, you'll suffer no conviction.

The Feds often use superseding indictments. That is what happened to you. You catch more charges after the initial arrest, especially if you were originally arrested by complaint and not indictment. The Feds love to stack charges to force you to plea out.

 

[mightymoose]

Hard to say what the likelihood of prison time is, but it is certainly on the table.

It seems you got picked up by postal inspectors because you were committing the crime through the mail, which is how you got involved federally.

Short and sweet, if you don't want to do the time, don't do the crime.

Lawyer up and do your best to reduce the chances of prison time. Your prior convictions, if any, will play a large role in that determination. They won't hesitate to place your children with family members or foster care if they need to so that you can serve a sentence.

 

[hopeless2010]

Thank you for your replies!

To Moose: I did not commit mail fraud from what I can tell. The only thing that could sum up mail fraud is BoA writing me a letter alleging fraud on my part and putting it in the mail to be delivered to me, this is what the USPS Inspectors told me. Seems like a technicality to me.

So if that's all you need to be charged with a federal felony count of mail fraud then nearly all of us are in trouble if we ever got an NSF notice in the mail.

I have no prior felonies, period. I have a misdemeanor from 1992 where my best friend from high school accused me of taking $800 from her and she had me arrested, all monies paid to her, no fine, no probation. All of that just so she wouldn't get in trouble with her parents for BOTH of us going on a spending spree. Then in 1995 I was arrested for petty theft from a dept. store that I worked at, turned myself in, went to court and was only ordered to pay restitution of $900, paid it, no probation. In late 2002 I was arrested for domestic assault, an argument between my ex-hubby and I where he showed more physical harm than I did (a ripped t-shirt) even though his shirt was torn because I was holding on to him so he wouldn't hurt me further. According to the court I no showed on the court date. I didn't know there was a court date because I moved out of state. So that's been sitting for 7+ years. Even the cop who had to take me in for that felt bad for me, gave me $20 so when I was released I could take a cab home.

That is my record in a nut shell, and then there this federal thing that is scaring the crap out of me.

 

[hopeless2010]

ArmyJudge - Thank you for the advice and for reassuring me that not all is lost.

You'll see my response to Moose that lays out my past history. Granted I'm no angel but they are no prior felonies. Plus I'm not a violent criminal by any stretch of the imagination.

Currently I'm out on bond wearing an ankle bracelet because I'm staying in Alabama with my folks. They say I need this bracelet because I'm 800 miles away from Chicago. The prosecution kept reiterating in court that I was a flight risk but somehow they let me leave the state while on bond? Guess I needed a guardian? I also have to do urine tests for illegal drugs and of course they say I'm not allowed to drink either...the urine test...piece of cake! I've never been a drug user nor am I a drinker. Plus I'm not allowed to open any bank accounts. No biggie...couldn't open one if I wanted to because BoA reported me to Chexsystems. So in regards to my bond, stay at home and only leave according to the schedule I set for myself.

Like you said, plead not guilty and keep my mouth shut and wait it out.

Again, thank you. I read your post last night before I went to bed and I finally slept with a little sense of relief + a little help from some Advil PM.

 

[army judge]

ArmyJudge - Thank you for the advice and for reassuring me that not all is lost.

You'll see my response to Moose that lays out my past history. Granted I'm no angel but they are no prior felonies. Plus I'm not a violent criminal by any stretch of the imagination.

Currently I'm out on bond wearing an ankle bracelet because I'm staying in Alabama with my folks. They say I need this bracelet because I'm 800 miles away from Chicago. The prosecution kept reiterating in court that I was a flight risk but somehow they let me leave the state while on bond? Guess I needed a guardian? I also have to do urine tests for illegal drugs and of course they say I'm not allowed to drink either...the urine test...piece of cake! I've never been a drug user nor am I a drinker. Plus I'm not allowed to open any bank accounts. No biggie...couldn't open one if I wanted to because BoA reported me to Chexsystems. So in regards to my bond, stay at home and only leave according to the schedule I set for myself.

Like you said, plead not guilty and keep my mouth shut and wait it out.

Again, thank you. I read your post last night before I went to bed and I finally slept with a little sense of relief + a little help from some Advil PM.

Good for you.
Just stay out of trouble and follow all the rules of pre-trial release.
Wait and listen to your lawyer.
You might not even get convicted.
You'll get to see all the alleged evidence they have against you.
Your lawyer will give you everything

Then you decide if you want to go to trial or take a deal.
Whatever you aren't going to the penitentiary. The worst you'll get is probation. That is only if they convict you. But stay outta trouble and follow the rules. Otherwise they'll revoke you.

 

[hopeless2010]

Army Judge, I hope you're out there because I finally have a copy of my indictment and I need an unbiased opinion. I'll lay it out for you and if you could give me your thoughts I would greatly appreciate it.

Count(s)

1) Wire Fraud - $1500
2) Wire Fraud - $1028
3) Wire Fraud - $491
4) Mail Fraud - $0
5) Forged Check - $988
6) Forged Check - $2254
7) Bad Check - $4850
8) Bad Check - $4366
9) Bad Check - $4254

Of course they lay out that I had some grand scheme with all these counts. The first 4 counts are from past employers which the U.S. Attorney alleges that I took $243,715k (BOGUS!) and like I said the first 4 counts are what back up that $243k or at least that's how I'm reading this.

Counts 5 & 6 are from my recent employer who was paying me under the table and the only thing I can think of is when the Investigator approached him he tried to cover his backside so he wouldn't get in trouble.

Counts 7 & 8 & 9 are for checks I received from a Craiglist scheme which the bank alleges I deposited $29,896 but like I said these counts back up the big grand scheme I had. BOGUS, BOGUS, BOGUS!!!

I hope I'm reading this indictment the right way. These counts with the dollar amounts listed with the Title #, US Code, Section #...are they what I'm being charged with?

I'm pleading NOT GUILTY of course, but again back to my original post...Prison Time vs. Probation?

 

[army judge]

Army Judge, I hope you're out there because I finally have a copy of my indictment and I need an unbiased opinion. I'll lay it out for you and if you could give me your thoughts I would greatly appreciate it.

Count(s)

1) Wire Fraud - $1500
2) Wire Fraud - $1028
3) Wire Fraud - $491
4) Mail Fraud - $0
5) Forged Check - $988
6) Forged Check - $2254
7) Bad Check - $4850
8) Bad Check - $4366
9) Bad Check - $4254

Of course they lay out that I had some grand scheme with all these counts. The first 4 counts are from past employers which the U.S. Attorney alleges that I took $243,715k (BOGUS!) and like I said the first 4 counts are what back up that $243k or at least that's how I'm reading this.

Counts 5 & 6 are from my recent employer who was paying me under the table and the only thing I can think of is when the Investigator approached him he tried to cover his backside so he wouldn't get in trouble.

Counts 7 & 8 & 9 are for checks I received from a Craiglist scheme which the bank alleges I deposited $29,896 but like I said these counts back up the big grand scheme I had. BOGUS, BOGUS, BOGUS!!!

I hope I'm reading this indictment the right way. These counts with the dollar amounts listed with the Title #, US Code, Section #...are they what I'm being charged with?

I'm pleading NOT GUILTY of course, but again back to my original post...Prison Time vs. Probation?

Don't let the amounts disturb you.
What should disturb you is how they pile on.
They keep stacking charges.
That makes it appear more serious than it is.
Then there's the matter of them alleging you somehow stole $250,000.
Yet they can only show less than 10% of that (around $25,000).
I say stay the course.
Plead not guilty and ask for a jury trial.
They try to wear you down and scare you.
They make it look worse than it is.
Look at Gov. Blago, he hung in there and is about to best them.
He had 20+ charges thrown at him.
Looks like the jury can agree, so far to only 2.

Nothing's changed for you.
Hang in there and stay mum.
Plead not guilty and wait for a good deal or go to trial.

By the way, if none of the alleged victims don't ask for repayment, you won't get stuck with repaying anything. But, you didn't do anything, so you won't have to repay anyone. I'm just mentioning how it works. They don't ask, you don't pay. They usually never ask.

I still see probation or an acquittal on all charges in your future.