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Theft Crime: New York Embezzlement Arrest Process
There are a few different ways that embezzlement charges can be brought against an individual in the state of New York. The best known is for the person to be arrested on the embezzlement charges. When this is the case, law enforcement officials will enter the individual’s residence or business and place them under arrest on embezzlement charges.
New York City can sometimes have complex arrest processes when embezzlement charges are involved. One of the most important things is that you understand your rights throughout the process. You should also be aware of what can and cannot be used against you during the case. When you’re told that you have a right to a lawyer, you should take that to heart. Don’t let television shows fool you: It’s not only guilty people who get lawyers.
In fact, invoking your right to an attorney as soon as you’re arrested is the most important thing you can do. Law enforcement will use manipulation tactics to try to get you to incriminate yourself. You need to use your right to remain silent and refuse to respond to them except to tell them that you’re invoking your right to legal counsel. If you say anything to them, it will be used in the prosecution’s case against you. Your lawyer will have a much easier time building a defense if they don’t have to clean up your messes.
Arrest Process
There’s another tactic that law enforcement officials will sometimes use. Rather than immediately arresting the person in public or in their home, they may call the person on the telephone. They’ll get a confirmation of the person’s identity and address, and then they’ll try to get the individual to come to the police station to talk with them.
Police aren’t obligated to tell you the truth on the phone. In fact, law enforcement officials will frequently lie. Sometimes they will tell these people that they’ve been victims of crime or witnesses to a crime. They’ll ask them to come to the police station to help with an investigation.
Another tactic law enforcement officials may use is to stop a person’s car as a part of the arrest process for embezzlement. They will give the individual a warning over some claimed traffic infraction. This is a tactic that law enforcement officials use to become closer to and observe individuals before they have an official arrest warrant.
Admissions of Guilt
If you are stopped by law enforcement for a claimed traffic infraction, or you are asked to come to the police station to discuss an investigation, you should not ever apologize. You may instinctively want to apologize to be polite and smooth the situation over. But if you’re being investigated for a different crime, an apology can be construed as an admission of guilt. If you admit guilt, even if you don’t realize you’re doing so, you may be giving law enforcement the ammunition they need to issue an arrest warrant.
If the police question you about a theft crime, whether you have any information about the situation or not, you should never admit involvement. Even if you’re not being arrested, and even if the police are acting like you’re not a person of interest, you should ask the officers to speak to your attorney instead. Innocent people are often entrapped into admitting to doing things they haven’t done because of the manipulation tactics of the police.
Gathering Evidence
Law enforcement officials will use investigative means to create a case against you whether or not you admit to your guilt. But if you provide an admission of guilt, creating the case gets a lot easier. Embezzling activity tends to leave traces, and once the police know what to look for, they’ll follow the trail.
One example would be if a person is engaging in wire transfers of unusual sums of money. The money they’re embezzling can be traced from the corporate account to the individual’s account. Purchases of real estate, luxury vehicles, or other goods that they shouldn’t have the financial means to obtain are also suspicious. If the police believe that you may be involved in a tax evasion, money laundering, or embezzling scheme, they can subpoena relevant records to determine where your money came from and how you spent it.
Custody Proceeding
Following the arrest, an individual will be taken into custody by law enforcement. They will be put through central booking in New York, and then they will face a judge. The prosecutor will then ask the judge to set bail. The amount of bail and whether bail is set will vary depending on the case. It’s also possible that the prosecutor will request a 72-hour surety hearing.
You’ll have the charges against you read, which you’ll want your lawyer present for.