Defense Strategies
A criminal charge of embezzlement is always a complicated problem. You need a criminal defense lawyer who can sort through potentially lots of financial documents.
But there are always defense strategies in any criminal case.
Fighting Embezzlement Charges
To find reasonable doubt in an embezzlement case isn’t always as daunting as it seems. Particularly if there are multiple people with access to the money, and if there isn’t a clear path to one person’s bank account where money was unlawfully deposited.
There have been cases where a husband and wife are charged with a crime, and money ended up in a joint bank account. But it may not be clear exactly who was involved in getting it there. It is very possible that one person didn’t have any idea what was going on, and is unfairly accused of the embezzlement charge.
If you planning to fight an affirmative defense of your embezzlement accusation, it is all about the paper trail.
Provide Bank Statements. You will need documentation of your bank statements, showing no deposits to your accounts that can’t be explained otherwise. You may need copies of your deposit slips, or another information about the source of any bank deposits that are in question. Compare the business bank statements and your personal statements to show that there is no correlation.
Suggest Alternative Possibilities: How many other people had access to the funds in question? You should prepare a list of other people, their job descriptions, and roles in the company or organization. If there is money missing or mis-allocated, it can be important to suggest that other people could be responsible, and offer reasonable doubt that you were involved.
Bring Your Attorney: If you are going to a meeting with those who are accusing you of embezzlement, even if you haven’t been charged with a crime yet, it can be extremely helpful to have an attorney present.
Plea Deals in Embezzlement Cases
If you feel you are likely to be convicted of the charges, and are guilty, there may be opportunities to get charges reduced, or agree to reduce sentencing, and even no jail time.
The primary motive for the victim in these cases is to get most or all of their money back. If restitution is an option, and they can be made whole again, that may open up more opportunities for a fair agreement.
Even with felony level embezzlement charges, it is sometimes possible to avoid jail time if the money is paid back.
Of course these are only examples, and every criminal case is very different. You need to speak with an experienced criminal defense attorney who has fought embezzlement charges before, in order to have any real sense of your legal defense options, and what might apply specifically in your case.
