Embezzlement Lawyers
Contents
So You Need an Embezzlement Lawyer? Here’s What You Should Know
Getting accused of embezzlement can be scary. You may feel anxious, angry, or just plain confused. It’s a lot to take in. But having a good embezzlement lawyer on your side can make all the difference. This article will walk you through exactly what embezzlement is, what the consequences can be, and why working with an experienced attorney is so important.
What is Embezzlement?
Let’s start with the basics. Embezzlement is a type of financial fraud crime where someone unlawfully takes money or property that was entrusted to them through their job or role. For example, if a company accountant secretly transfers money from the business bank account to their personal account, that would likely be considered embezzlement.
Some key things that make something qualify as embezzlement:
- The person had lawful access to the money or property through their job or role
- They violated the trust placed in them by taking it for an unauthorized personal use
- They intended to deprive the owner permanently
Unlike larceny or theft, the person originally had permission to handle the money or items. But they abused that access privilege to misappropriate it.
What Are the Consequences?
If formally charged and convicted, embezzlement carries severe penalties. Under California law, it can be filed as either a misdemeanor or felony depending on the value of what was taken. Misdemeanors have up to 1 year in county jail as a possible sentence, while felonies can include state prison time.
Fines, probation, restitution payments, and asset forfeiture are also common sentences for embezzlement convictions. And it will leave you with a permanent criminal record if found guilty through trial or plea bargain.
Why Do I Need an Embezzlement Lawyer?
Facing criminal prosecution is always challenging. But embezzlement cases have particular complexities that make working with an experienced attorney critically important:
Helps Balance the Power Difference – Prosecutors have tremendous resources and leverage on their side. An adept lawyer helps even the playing field.
Explains the Legal Process – They will break down the often confusing sequence of events so you know what to expect.
Strategizes Your Defense – There may be factual inaccuracies, testing errors, or other flaws in the state’s case against you. Identifying and highlighting these can poke holes in the prosecution’s version of events.
Negotiates on Your Behalf – Many embezzlement cases end in a plea bargain rather than trial. Your lawyer handles these negotiations to secure the best possible outcome.
Advocates for Your Rights – There are strict procedures law enforcement must follow during an investigation. Violations of your rights could make key evidence inadmissible.
Contests Damaging Evidence – They can challenge questionable or misleading evidence through motions and courtroom arguments.
Provides Reassurance and Support – This is an enormously stressful event. Having an empathetic guide who believes in you and wants the best for you is invaluable.
What Makes a Good Embezzlement Lawyer?
Not all attorneys are created equal when it comes to defending embezzlement charges. You want someone with specific qualifications:
- Deep understanding of embezzlement laws – Navigating this complex subsection of criminal law requires niche expertise.
- Courtroom experience – Proven skill advocating in front of judges and juries is a must.
- Familiarity with prosecutors – Existing relationships with key players in the DA’s office is useful for plea negotiations.
- Investigation skills – Thoroughly examining records, documents, devices, and other evidence to build a counter-case.
- Negotiation talents – The art of securing favorable plea bargains and settlements calls for refined give-and-take talents.
- Communication abilities – Being able to explain intricate legal issues in simple terms and clearly lay out arguments is vital.
- Reputation for vigorous defense – A lawyer known for taking embezzlement cases to trial if necessary garners more respect.
The stakes are high, so take time to carefully research and choose who you want fighting for you. Look for proven experience, specific expertise, and genuine dedication to client interests when selecting your embezzlement defense attorney.
Common Embezzlement Defenses
Once retained, your lawyer will dive deep into the details of your unique case to customize the best defense. But some common embezzlement defense arguments include:
Lack of Criminal Intent – Argue you lacked requisite intent to permanently deprive the owner or had a good faith belief you were entitled to the funds.
Unauthorized Access – Contend prosecution can’t prove you had lawful access to the property through your job or role.
Accounting Errors – Mistakes happen – assert the missing money reflects sloppy accounting rather than intentional taking.
Coerced Confession – If you admitted guilt, claim it was under duress or false promises so should be inadmissible.
Selective Prosecution – Demonstrate people similarly situated were not charged to show unfair targeting.
Miranda Rights Violations – If procedural rights weren’t properly followed during questioning, statements you made could get thrown out.
Invalid Search – Evidence from unlawful searches that lacked probable cause or proper warrants may be excluded.
An adept embezzlement attorney will leave no stones unturned looking for ways to get charges reduced or dismissed. Don’t hesitate to bring up anything you think might help your case.
Take a Breath – This Isn’t the End
Being arrested or charged with embezzlement can make you feel like your life is over. But try to stay calm and remember that you still have rights and a chance to fight. Lean on people close to you for support during this difficult stretch.
And do your research to find an experienced criminal defense lawyer who believes in you and will work tirelessly on your behalf. Having a knowledgeable guide on your side can make navigating the justice system much less intimidating.
You’ll get through this – it’s just another challenge life has thrown your way. Stay positive and take things one step at a time. Brighter days lie ahead!