Prison Sentence Argument

I have been debating awhile if I should make this post and I have decided to go ahead. What I am about to post is a matter of public record and anyone can gather this information. I received the Prosecutions Sentencing Memorandum a few days ago and it lays out the reasons why I should be remanded to state prison for a term of four years.

The first reason; the large amount of money stolen (embezzled) is MORE serious than other instances of embezzlement; second; the manner in which this crime was carried out indicates planning, sophistication and professionalism; third; this makes reference to a Penal Code which makes me ineligible for probation because it involves the taking of $100,000 unless unusual circumstances can be proven which in the Prosecutions eyes cannot; fourth; I should be sentenced to state prison to deter others from committing similar type embezzlement crimes (I like to call this the EXAMPLE being made clause); fifth; I took advantage of a position of trust and caused EMOTIONAL harm to my boss and others due to the theft; sixth; a state prison sentence is fair and just in light of the overall felonies committed because my overall exposure was 21 years and 8 months.

Now it is my attorney's turn to refute these reasons and layout a substantive argument in opposition. I have helped my attorney's assistant prepare our Sentencing Memorandum which contains the reasons why I should NOT receive a prison sentence of four years and lays out 20 different examples. The examples range from the victim being an entity thus not subject to emotional harm to case studies refuting the contention that state prison sentences deter similar crimes from being committed. It also lays out what I have done in the previous year to ensure this type of behavior will not reoccur.

I have no idea if any of this will make a difference. The simple fact is I did steal from my employer and in our society when you steal you are rightfully punished. Obviously I am scared to death to go to prison but I do know that I will be going to prison because for every action there is a consequence and my consequence in all likelihood will be state prison.

I have looked at similar type of embezzlements and the sentences run the gamut. One person embezzled a half a million dollars and received ten years in state prison; another person embezzled two million dollars and received 30 days in county jail; and another person embezzled $300,000 and received no jail time just probation. I don't know the mitigating factors in any of these cases but it really is subject to the Judge hearing the case.

I am preparing myself for the worst case scenario which is a four year state prison sentence but I am hoping for the best which is probation (my Mother taught me this trick!). I know probation is highly unlikely due to a number of factors so I MUST prepare myself for being locked away for the four years.

I do know one thing I will be relieved when I hear whatever sentence the Judge renders. This will mark the end of the not knowing phase which has lasted almost 14 months and I can move forward with my life. If it is four years in state prison then I will focus on getting myself through those four years and starting my life a new when I get out. Whatever the sentence I pray to God that it does happen when it is supposed to happen which is next Friday. If it were delayed to a different date I may just go insane.

I have been assured the sentencing will happen next Friday but there are still many things that could delay this sentencing which I will not focus on. I will focus on the next seven days and cherish the blessings that God has bestowed upon me in my family and friends. Each day is a gift and I intend to treat every day as this because I have no idea what tomorrow will bring and life is so much better lived one day at a time.