Here’s How to Navigate an Embezzlement Charge

If you’ve ever faced an embezzlement charge, you probably know how difficult it can be to get the charges dropped, reduced, or dismissed. According to Investopedia, embezzlement refers to a type of white-collar crime where an individual or entity intentionally mismanages or misappropriates financial assets entrusted to them and uses these assets in an unauthorized way.

When you face an embezzlement charge, you’re guilty until proven guilty. That means you have difficulty presenting a strong defense that will battle sufficiently to prove your innocence. The best way to navigate this critical issue is to learn how to go about it. This post will cover tips to help you navigate an embezzlement charge.

Good Lawyer

We’ve mentioned it’s not easy to dispute an embezzlement charge even if you’re guilty. You need the right professionals to help you with the legal process. There will be many negotiations that only an expert can handle well. According to Harvard University, negotiation means you go back and forth, and it’s expected. An experienced lawyer can help reduce charges to protect your freedom, reputation, rights, and livelihood.

Different states have different ways of prosecuting embezzlement. It’s your responsibility to know how the process works and what to expect. Your lawyer should know the legal process in your state and how you build a strong case. A good defense lawyer can set you up for success as they have experience in similar cases. Whether you’re accused of first-degree felony credit card fraud or any other criminal activity, an experienced lawyer will help you prove you’re innocent beyond a reasonable doubt.

Insufficient Evidence

Most embezzlement cases are dropped due to insufficient evidence. Your lawyer’s first assignment is to defend you aggressively if your case has no evidence. However, remember, the prosecution will be overworking to uncover any evidence they can come across. Therefore, you want to ensure that your lawyer focuses on proving your innocence based on a lack of evidence. This always works when investigators are unable to prove their case.

Duress

There have been cases where you could have stolen money and sent it to someone’s credit card because you were at risk of significant loss or harm. For instance, if you were forced and can prove that you didn’t do it willingly. For instance, you could have been ambushed by thugs, or a senior may have threatened to fire you if you didn’t embezzle the funds. When argued correctly, this defense can help get you out of trouble.

Return of Property

You could get a less sentence if you repaid part or all the embezzled funds or property. There’s no guarantee how low the sentencing can go, as it all depends on the length and severity of your case. With the help of a good lawyer, you can get a good deal. You may want to know about the bail bond to determine if you’re getting a good deal. According to American Progress, bail bond agents bail out about two million people yearly.

Plea of Nolo Contendere

When the plea of Nolo contendere is applied, you plead not guilty or innocent. It’s up to the court to decide based on the truth presented by evaluating and analyzing the defense and evidence provided. You can enter this plea with permission from the court.

Absence of Intent

While ignorance is no defense in any court of law, there are exceptional cases where you can claim you thought the embezzled funds were yours. This works especially if you’re involved in a credit card case as a third party. For instance, if you’re in charge of paying employees in your company and happen to pay yourself more than you should, you can claim it was an error, and your charges may be dropped or reduced.

Navigating an embezzlement case doesn’t have to be complicated. Choosing a good lawyer is one of the most critical steps you should take, then discuss the above strategies to know which one will work for your case. If you have more questions, contact our team today!