Embezzlement is defined in most states as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings.
A relation of trust and confidence existed between two persons; and pursuant to that relationship one of those persons accepted property entrusted to them by the other person; and with the specific intent to deprive the other person of their property, the person appropriated or converted it to their own use.
Consequences for the conviction of Embezzlement may potentially include:
- Imprisonment
- Probation or parole
- Loss of the right to be bonded
- Restitution (paid to the victims to compensate for any losses)
- Court ordered counseling
- Significant fines
Likelihood of any of the above consequences depends upon the following factors:
- Prior similar convictions
- Any other prior convictions
- Currently on probation or parole
- Attitude of community and court toward this type of crime
- Degree of media attention on case
- Mitigating/aggravating circumstances
Defenses of Embezzlement may potentially include:
- Insufficient evidence
- Factual innocence
- True owner
- Other
What can you do to improve the outcome of your case?
- Gather documentation of your good character (reference letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
- DO NOT investigate your own case
What can we do to help?
- Early preparation, including legal research and defense identification
- Early investigation and identification of all facts helpful to your defense
- Interview police to minimize or eliminate the case
- Interview the prosecutor to minimize or eliminate the case
- Interview all witnesses
- Reduce or eliminate bail requirements
- Provide emotional support to loved ones and ensure that they are continually upated as to the status of your case.
- In appropriate cases, negotiate alternatives to jail
- Obtain an evaluation report from court approved psychologist (to show counseling may be a better alternative to jail)
- Develop appropriate motions to dismiss the case
- Develop appropriate motions to suppress evidence