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Embezzlement
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
- Other
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
- Other
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
- Retain qualified counsel as soon as possible
- 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 updated 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)
- Coordinate a private lie detector test
- Develop appropriate motions to dismiss the case
- Develop appropriate motions to suppress evidence
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