If you are accused of embezzlement, there are some things you can do to better your chances of coming through the situation with a good outcome. The very first thing to do is to immediately contact an experienced embezzlement attorney.
What Steps Should You Take If Accused of Embezzlement?
Contact an Embezzlement Attorney
You should not hesitate to call an attorney as soon as possible. The sooner your attorney gets to work defending you, the more likely you are to be successful in your defense. Your attorney will be able to tell you what evidence is needed and where you can look for it, and they will immediately begin pushing back against those who are bringing the charges against you.
Be honest with your lawyer and tell them all the details of the case as you know it. You have attorney-client privilege, which means that your attorney will not be discussing the details with anyone and will be working hard to get you the best result, no matter what you tell them. A skilled lawyer will also know how to ask you all the right questions during this first meeting so that they can develop a good defense. Learn more here about how an attorney can help.
Help Your Attorney Prepare
The prosecution must do two things. First, they must prove that an actual crime was committed. Then, they must prove that you were the one to commit this crime. Unfortunately, they do not have to prove that you intended to commit a crime, only that a crime was committed. Here are the elements that need to be approved according to federal law:
- That you had a fiduciary relationship with a person or agency
- That you were in possession of that entity’s property as a part of your employment
- That your actions were unlawful in that they converted the property for your use
- That in doing so, you deprived the rightful owner of the control of their property.
In most cases, the property referred to in these situations is money, but it can be other things. You’ll want to talk with your attorney about how to keep the prosecution from proving all these elements, and together you’ll build a defense against each of these specific elements.
Possible Defenses
The best and most effective defense is to show that there is insufficient evidence that any crime was committed at all and/or that you were the perpetrator of this crime. There are other defenses that are often raised in the situation, and some of them can be effective. Entrapment is one, which may apply if some representative of the government coerced you into embezzling funds that you would not have otherwise taken.
Sometimes, it can be helpful to show a lack of criminal intent. This is not a strong defense and may only go to mitigating consequences rather than preventing a conviction, but it is still worth looking at. If you can show that you genuinely believed the property was yours, this can be helpful.
There are other defenses that might be possible, but you won’t know all the options available in your case until you contact an attorney.
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