About to be Convicted for Fraud - What to Do?

[ngt11]

Over a 12 month span, I defrauded my former employer. I was terminated this week. Legal Aid advised they can't do anything until I get investigated. Another lawyer recommended I come to then for an initial consultation to contact my employer to avoid a prosecution.

I wanted to know your opinion on that matter and whether $330 is a reasonable amount for a consultation fee.

Is jail possible as I've had no prior convictions or criminal record?

 

[John R]

Hi @Ng tran,

1. Fraud is a serious offence - especially if a significant amount of money was involved.
2. Have you been contacted, interviewed or charged by the police yet?
3. Have you repaid any or all of the funds to your former employer?
4. You should consider consulting a reputable criminal defence lawyer (ideally, with fraud or "white-collar" crime experience) at your earliest opportunity. Lawyers can charge anywhere from $200 to $1,000+ per hour depending on the area of law and location. Ultimately, you may want to meet with 1 or 2 criminal defence lawyers to identify the one that you feel most comfortable with.

 

[Tim W]

1. I would say yes, $330 dollars for a first consultation is reasonable.
   Indeed, it's at the lower end of mid-range.
   
   
2. Understand that that fee is probably only for for the first meeting,
   which will probably be no more than an hour in length.
   Over the life of your matter, there may be more meetings,
   and other work, which is also billable.
   Or in other words, additional work will probably
   incur additional fees.
   
   
3. You are free to shop around for a lawyer of your choosing.
   
   
4. If you can answer the questions asked above by John R, that might help us
   make some additional suggestions about what to do.

 

[ngt11]

Thank you for your response.

I havnt been interviewed by the police. I want to pay it back but need to arrange something.

 

[John R]

Hi @Ng tran,
I agree with @Tim Williams, if you are yet to be interviewed or charged by the police and have the means to start "making amends", then you should consider meeting with a criminal lawyer at your earliest opportunity to advise of your position and options.

Hope this helps. Please keep us updated with your progress.

 

[Tim W]

......but need to arrange something.

This often means "... I need to time to pay it back progressively".
Is that the case here?

 

[ngt11]

restitution was the word i was looking for. is it possible to ever do restitution over payment plans?

Cheers

 

[Tim W]

Restitution is indeed the word.

And if the other party agrees to it,
then yes, you can do that.

 

[ngt11]

http://www.magistratescourt.vic.gov...nd-traffic/criminal-justice-diversion-program

Is this an option as well?

Sorry for so many questions. This is my first time getting into this mess, will be my last.