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Understanding Embezzlement Charges

On Behalf of The Foley Law Firm | April 16, 2019

Proper financial standing is critical for many people. Therefore, when something happens that jeopardizes that security on any level, it can create serious issues.

Though it falls under the classification of a white collar crime, embezzlement is still theft and a very serious federal offense. If you face an embezzlement case, you need to understand a few important things.

Initial charges

Embezzlement charges usually begin with a suspicion of a party illegally removing funds from a business. Because embezzlement is a federal charge, the government investigates the case and collects crucial evidence to support it. The prosecution reviews the evidence to determine what charges will stand, and then accuses the suspect of said charges.

Getting to trial

The trial process begins with a hearing, wherein the prosecution informs the court of the charges it is bringing against the defendant. During this initial hearing, the judge determines if the prosecution actually has a case, and if so, determines that the case will go to trial and whether the defendant may receive bond. During the actual trial, the prosecution presents its case against the defendant, and the defendant gets a chance to present a defense and cross-examine, or question, any witnesses of the prosecution. If the defense can create reasonable doubt in the prosecution's case, or completely disprove it, it may be possible to receive a dismissal. On the other hand, if the jury determines the defendant is guilty, the judge will provide a judgment, which can include a combination of jail time and a fine, depending upon the severity of the embezzlement act.

Possible appeal process

If a party does not agree with the court determination, it is possible to appeal the case. The appeal process begins in the Circuit Court. Though not common, it may reach the Supreme Court, if warranted.

An embezzlement case is no simple matter; however, understanding the important aspects of the case can aid you in determining the best course of action. In such cases, providing substantial evidence of your innocence, and being able to disprove the evidence of the prosecution, is critical to reaching a beneficial case conclusion.

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