365 Days

My attorney's other embezzlement client received his sentence today. He was sentenced to 365 days in the County Jail, he has already served 4 days so his exact sentence is 361 days. However; if he behaves properly he will only have to serve 7 months to complete his one year commitment and my attorney has taken it a bit farther stating the County Jail is so overcrowded they are "throwing out" non-violent offenders sooner than the 7 months. I guess it beats the 12 years he was originally quoted.

An interesting note; the assistant district attorney handling my case sat in on the sentencing because the original assistant district attorney went on vacation, I don't know if this is good or bad. I also don't know if I should "expect" this type sentence to be the "worst" case scenario or the "best" case scenario or just another scenario. There are many similarities in the case such as the Judge, my attorney, the assistant district attorney and the gambling induced embezzlement issue. (Which my attorney did not play up because he stated his other client had "taken care" of his gambling problem on his own, I can only hope this person has learned his lesson just like many of you can only hope I have learned my lesson. I have said this before willpower alone only got me so far and I have finally found the support I need to fully comprehend this gambling addiction of mine.)

In addition to his 365 day County Jail sentence he will be on probation for the next 5 years. The terms of his probation are as follows:

FORMAL PROBATION IS GRANTED FOR A PERIOD OF 60 MONTHS UNDER THE FOLLOWING TERMS AND CONDITIONS:

1) OBEY ALL LAWS AND ORDINANCES.

2) BE COMMITTED TO CUSTODY OF RSO FOR MODERATE PERIOD OF TIME, 365 DAYS;

3) PAY RESTITUTION FINE OF $200.00 PURSUANT TO 1202.4(B) PC TO THE COURT AS DIRECTED BY FINANCIAL SERVICES

4) SUBMIT TO IMMED SEARCH OF PERSON,AUTO,HOME,PREMISES,GARAGE,STORAGE AREAS & PERSONAL/LEASED PROPERTY WITH OR W/O CAUSE BY PO OR LAW ENFORCEMENT OFFICER

5) NOT HAVE ANY CHECKING ACCOUNT AND NOT POSSESS ANY CHECKS AND CREDIT CARDS;

6) NOT HAVE BUSINESS DEALINGS W/ANY PERSON WHICH YOU OR ANYONE ASSOC W/YOU RECEIVES MONEY OR OTHER CONSIDERATION IN ADV OF PROVIDING PRODUCT OR SERVICE

7) NOT ENTER INTO ANY BUSINESS TRANSACTION INVOLVING NON-WRITTEN REPRESENTATIONS BY YOU OR ANYONE ASSOCIATED WITH YOU;

8) DO NOT ACCEPT OR WORK IN ANY POSITION WHERE YOU ARE RESPONSIBLE FOR RECEIVING OR ACCEPTING ANY TYPE OF MONEY ON BEHALF OF YOUR EMPLOYER;

9) PARTICIPATE &COMPLETE AT YOUR EXPENSE COUNSELING REHAB OR TREATMT PROGRAM DEEMED APPROPRIATE BY PO AND AUTHORIZE RELEASE OF INFO.RELATIVE TO PROGRESS;

10) NOT ASSOCIATE WITH ANY UNRELATED PERSON ON PROBATION OR PAROLE.

11) RESIDE AT A RESIDENCE APPROVED BY THE PROBATION OFFICER AND NOT MOVE WITHOUT PRIOR CONSENT OF THE PROBATION OFFICER.

12) SEEK/MAINTAIN GAINFUL EMPLOYMENT AND/OR ATTEND A FULL-TIME SCHOOL OR VOCATIONAL PROGRAM;

13)REPORT TO PROBATION OFFICER IMMEDIATELY OR WITHIN 2 DAYS OF RELEASE FROM CUSTODY FOR INITIAL INSTRUCTIONS, AND FOLLOW ALL REASONABLE DIRECTIVES OF PO.

14) REPORT ANY LAW ENFORCEMENT CONTACTS TO THE PROBATION OFFICER WITHIN 48 HOURS

15) PROVIDE DNA SAMPLE AS DIRECTED BY THE PROBATION OFFICER OR LAW ENFORCEMENT PERSONNEL PURSUANT TO SECTION 296 PENAL CODE. AUTHORIZED AGENCY TO SUBMIT SPECIMENS TO DOJ FOR ANALYSIS. DEFENDANT TO SUBMIT PROOF OF COMPLIANCE TO PROBATION OFFICER WITHIN 30 DAYS.

16) ADDED TERM: COMPLY WITH THE TERMS OF CONTACT WITH THE HARTFORD INSURANCE COMPANY.

I would expect to have a similar type probationary program but I don't understand number 5 "not have a checking account", I guess he will use money orders. I also don't understand number 15; maybe the DNA sample is fed into a database for known felons and I guess it applies to all felons.

Yes, I was kind of hoping he would have received house arrest because the County Jail is where I was for five days and it certainly is not a place to be rehabilitated but I have to take what is coming to me. I caused this mess and have to face all the consequences.