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felony theft in Ohio...?
My friend recently found out that the respite provider for her 2 special needs boys was committing credit card fraud against her. After she had worked for my friend for a few years, my friend trusted her enough to send her to the store to buy things for the kids...and she gave the provider her personal CC to pay for the things. The provider brought home reciepts for the things she bought.
Fast forward like 7 years. My friend was having marital issues, some surrounding money. As a result they decided to seperate thier finances. During this they discovered that the provider had been making additional purchases with the CC every time it was handed to her. Last month was over $900 in prepaid CC purchased just minutes after a legitimate purchase. There were also some gift cards purchased too. Needless to say they were positive it was the provider and fired her. The theft was reported to the police. Upon questioning by the police the provider admitted that she had been committing the fraud for 2 years. The damage so far is in excess of $5,000...but could be much more. It is possible my friend has been being robbed the whole 7 years.
My question is this...What kind of punishment can my friend expect this woman to get? I know it is classified as a felony 4 theft, and *can* be punishable by a fine of up to $5,000 and 6-18 months in jail. Is there any chance she will get the maximum? Is there any chance she will get off with a small fine and losing her provider number and no jail time?
we know she will lose her provider number to do respite care--but not until she is found guilty and possibly sentenced. She WILL lose her job with her agency.
Diana...if you actually read my question, you would have seen that I DID research the possible punishments. for felony 4, the sentence is 6-18 months in jail and a fine of up to $5,000. I want to hear from people who have some knowledge of where in that range the punishment is likely to fall.
Rachel...it helps a little... I am not totally sure how bad the theft will end up being. We know without a doubt that her theft for the month of July was over $1,000 ( $900 in prepaid CC, and sevral hundred in giftcards) . My friend confided in me yesterday that it is "over $5,000" but not exactly HOW much over. The thief and her boyfriend have offered restitution ( if my friend did not go through with legal proceedings), but since my friend does not know the extent of the damage,she does not want to make a deal...
3 Answers
- 1 decade agoFavorite Answer
There is always a chance that she will get off but she will still be stamped with the felony. Since she had confessed the charges would and will most likely be lowered. To get off scott free is probably a little strong. If she has never been convicted of theft before she could be more than likely slapped on the wrist and sent away. I mean it could go a few different ways. It is all up to the court to decide. No one can really say what it is that will be done. She will, no matter what, have to pay your friend for the charges that she had incurred. Not that it will cover everything. It is what it is and again it is up to the courts. I hope that helps out a little bit.
- Diana BLv 71 decade ago
You can find the specific sentence laws of Ohio (including legally mandatory minimums and maximums) in any public library in the state. The maximum is not likely, since judges tend to modify those sentences anyway, thinking that there are worse criminals out there.
If the provider had some sort of state license or certification, then in all likelihood it will be subject to forefeiture given that these are normally restricted to persons of good moral character - often accepted as excluding felons.
Mandatory jail terms are normally restricted to persons with prior and recent felony convictions.
