A 46-year-old Gardnerville Ranchos woman was sentenced Tuesday to four years in Nevada State Prison, suspended, and ordered to pay $1,500 she embezzled from a former employer.
Nicole Miles admitted writing a check to herself for the amount.
"I regret this more than I can ever express to you," she told District Judge Dave Gamble.
The judge said he would follow the recommendation for no jail time, but was uncomfortable because of Miles' prior California conviction for embezzling $160,000 at a former job.
"I'm pretty sure that wasn't paid back, and here we are in Nevada with an even more vulnerable victim," Gamble said.
Lawyer Derrick Lopez said the two cases were "vastly different."
He said the California case occurred 16-17 years ago, over a long period. The current case was a one-time offense, Lopez said, and Miles quit the job immediately so she wouldn't be tempted to take more money.
"This was absolutely wrong from the get-go," Lopez said. "There is no justification. Once she made the charge of $1,500, she was going to pay it back."
He said she contacted the victim in an attempt to repay her, but the victim wanted to prosecute and refused the money.
"This is something she (Miles) is embarrassed about," Lopez said.
He said his client has found work where handling money is not involved, and her employer doesn't know about the convictions.
Gamble wanted to know how she got hired without admitting a felony.
Miles said her employer didn't ask about her past, and the application only inquired about convictions in the past seven years.
She took the job before she was convicted of the July 2008 offense, uttering a forged instrument.
Gamble warned Miles she would go to prison if she violates her five-year probation.
He ordered her to undergo a mental health evaluation and any recommended counseling.
She must inform any future employer of her convictions and may not work with money.
"I think you should know if you fail any part of this probation, you will be going to jail or prison," he said.
