(a) If any officer, agent, clerk or servant of this Municipality, or other corporation, or any agent, clerk or servant of any firm or person, or company or association of persons not incorporated, embezzles or fraudulently converts to his own use, bullion, money, bank notes, drafts, security for money, or any effects or property of any other person, the amount or value of which is less than one thousand dollars ($1,000), which shall have come into his possession, or been placed under his care or management, by virtue of his office, place or employment, he shall be guilty of the petit larceny thereof and shall be subject to the penalties as provided for in Section 533.04.
(Passed 3-8-11.)
(Passed 3-8-11.)
(b) Deferral of Further Proceedings for Certain First Offenses. Whenever any person who has not previously been convicted of any offense under this article or under any statute of the United States or of any state relating to the offense of embezzlement or any other theft related offense the Court, without entering a judgment of guilt and with the consent of the accused may defer further proceedings and may require the accused to participate in a program through the Morgantown Area Youth Services Project and comply with all terms and conditions imposed by the Morgantown Area Youth Services Project. Should the accused fail to complete the requirements as imposed by the Morgantown Area Youth Services Project, the accused waives the appropiate statute of limitations and the accused’s right to a speedy trial under any applicable federal or state constitutional provisions, statutes or rules of Court during the period of enrollment in the program through the Morgantown Area Youth Services Project and the Court may order that the deferral be terminated and thereupon proceed as if the deferral had not been permitted.
(c) When the accused shall have completed satisfactorily all of the terms and conditions imposed by the Morgantown Area Youth Services Project the accused may move the Court for an order dismissing the charges and the Court shall dismiss the charges.
(Passed 1-24-12.)