Posted on 08/26/2024 5:02:34 PM PDT by Jonty30
My father is in the hospital and won't be coming home, although he's still pretty strong. Stairs are a risk to him now, so we are trying to get him homed in a reasonably nice place.
My naïve and gullible sister, haha, allowed a druggie to stay in her house ostensibly to get help and get off the street. He got a hold of my dad's debit and credit cards and he passed a couple of fraudulent cheques for a total of $8,000 that we can offhand calculate. It may be higher when everything is audited.
So my question is, if somebody did this in your state what penalty could he pay and what penalty is most likely that he would have to pay in your state?
In my country, if they charge him with theft over $5,000 and fraud over $5,000, he could get 14 years in prison on each and pay upto $5,000 in fines on each. However, I am expecting maybe half that. He might get 6 or 7 years in prison and a $2,000 fine. He might also get time off for the usual bs that the system gives time off to criminals.
In my state of Calif, “Six months to three years in prison with a presumptive sentence of one year.” There may be enhancements, such as victimizing elderly, and depending on total amount and/or separate charges for each method (identity theft, forging checks, using each bankcard, etc). Plus fines and restitution. Depends on how froggy the DA wants to get.
Page down to the “Grand Larceny Laws By State” portion and you can click on various states, which have their own guidelines, some much more severe than others:
https://www.federalcharges.com/grand-larceny-theft-laws-charges/#:~:text=Federal%20grand%20larceny
The way it used to work in Georgia was what the law said and what the judge said had nothing to do what how long a person served. The nature of the crime itself was a factor, but adjustments were made if drugs were involved since druggies were more likely to re-offend, past history with the system, and some other factors that I don’t recall. And, of course behavior while in and need for bed space would have an impact on the other end of the sentence.
Here’s an online calculator for Georgia you can play with yourself (one used to have to use a pencil and paper):
https://kleinrock-law.com/apps/parole/parole.html
Here’s what Texas publishes:
https://texasparole.com/?page_id=132
Prayers up for your family.
A man’s 1st job to protect his women. When the feminists don’t allow it this is what you get. I figured it out long ago and never married. If any harm came to my sisters or nieces it would be dealt with. No need for cops.
prayers for God’s best for your dad and all.
I explained to my sister the realities of druggies. They do not care about getting better and they do not care how much they hurt you, as long as they get the means to the next hit.
She now knows this to be true.
I appreciate all prayers. Thank you.
A hired hand stole from my sister’s family business by signing checks to herself later down in the check register. To the tune of $25,000. Yes, she was prosecuted. Spent no more than a day or two in jail. Ordered to repay the company. Has that happened? Maybe the first few payments, to possibly $300.
She has pretty much gotten off scott-free. This was probably 15 years ago.
They may get prosecuted and convicted, and in the end it’s a slap on the wrist. They “lose track” of the individuals.
I hope your family fares better than mine did.
Oh, and the state is Florida. I hope they’ve tightened things up since then.
As some say, depends on the state. In CaCaLand your question is stupid since it is poorly designed.
IT ALL , ALL, DEPENDS ON WHAT RACE YOU BELONG TO OR WHAT VICTIM GROUP YOU IDENTIFY WITH. Nothing else matters.
I asked an officer what can be expected. He said not much.
So, he may effectively get away with it.
He’s also on charges for animal neglect, so he might get something for that.
In New York State? Right back out on the street with no cash bail. Probably a sweetheart plea deal with no jail time, but possible ankle bracelet home confinement. They’d likely be allowed to go to work. Michael Cohen committed fraud, lied on a home improvement application with a bank, and lied to Congress, among other things. He got sentenced to 3 years in prison. He was locked up in March 6, 2020. On May 21, 2020, he was released from prison early due to concerns regarding COVID-19, to serve the rest of his sentence under house arrest. He was released from house arrest on November 22, 2021. So much for a court-ordered 3 year sentence.
Terrible! In Alaska, they’d likely get 5 years suspended sentence and a fine. Because our justice system up here is complete BS.
*druggies do not care about getting better and they do not care how much they hurt you, as long as they get the means to the next hit.*
Legalize drugs in prisons-unlimited access. Problem solved.
I’d like to see the good stuff legal in old folks homes. A chance to enjoy the good life on the way out.
Sounds like what my sister experienced. They just had to deal with it.
The crooks are emboldened. They know very little in the way of consequences will happen to them.
I’m sorry your family has to go through this, too. A small business may have a tiny bit more wiggle room to absorb the financial hit than a person/family may have.
We have the wiggle room to deal with it, so it’s ok on that point.
We might be able to get the bank to put the money back since it was theft and fraud, but that’s a to be seen because the bank may not have to do anything where debit is concerned. I don’t know.
OTOH,in states controlled by Rats....well,just look at San Francisco. Major supermarkets,drug stores and department stores are shutting down because punks,thieves,junkies know that they can steal $900 worth of stuff and suffer no consequences *whatsoever*!
Being a Canadian you probably oppose the death penalty but one of my favorite lines from a showbiz type is from a comedian from Texas named Ron White. Once during a concert he got talking about crime and how it's handled in his home state. He says,with a sly smile on his face,"if you come to Texas and kill somebody we will kill you back.That's our policy".
So there's your contrast.
Personally, I have no problem with the death penalty as long as due diligence was done to ensure that the convicted did it as a first degree. I believe in equality between victim and perp.
I am also aware of that it varies with each state, which is why I asked for everybody the penalty of what was done would be if the person was convicted in their state.
It’s a bit of a fun exercise to stress relieve for what was done.
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