Time Is Of The Essence – Hiring An Embezzlement Defense Attorney in Maricopa, AZ
Getting charged with embezzlement is a really serious issue and definitely one in which you would want to retain an Embezzlement Defense Attorney in Maricopa, AZ. From a lawful viewpoint if you are found guilty, you might end up with fines and/or time in jail or prison, depending upon just how significant the crime is, judged by the quantity of the theft. From a personal perspective, there are lots of issues that will have to be taken care of if you are found to be guilty. The biggest personal obstacles you will possibly deal with are that you might feel like you let yourself down as well as the people around you. Your family and friends may really feel sad for you, or they may really feel extremely dissatisfied in you and might want to desert the partnership with you, temporarily or perhaps permanently.
However, if you really are blameless or there are extenuating circumstances (such as a person made you do it) you most definitely need to have a great defense. Only a great Embezzlement Defense Attorney in Maricopa, AZ can make that defense case for you. Below we will now discuss what embezzlement is, just how you can be charged with it, whether it is a felony in Arizona, and also exactly how you can defend the case.
For your personal knowledge, here is a page from the Arizona court system with a lot of useful information about what to expect in a criminal trial.
What is Embezzlement?
Embezzlement is generally thought to be the abuse of or the misuse of someone’s setting or capacity in a trusted setting that manages funds as well as other assets besides their own. For example, if you are a controller or a bookkeeper in a firm or a charity, you remain in a position that takes care of, either in a direct manner or indirectly, the individual’s or service entity’s funds as well as other assets. Even if you sell items such as candy or other services or products for somebody else and handle the money directly, you are in a position of taking care of another person’s or entity’s money.
That cash comes from the person or entity that you are holding it or handling it for. Additionally, there are specific standards, both spoken and also unspoken, that you as the caregiver of those possessions (which could be money or items, as an example) that you must follow.
What is Embezzlement (continued)
Let’s say for example that you are helping with the Girl Scouts selling cookies and you have been given 5 cases of Girls Scout cookies to offer. You sell 2.5 box cases of them in the time duration that’s set aside to market them, which indicates you have the cash for the 2.5 situations you marketed as well as you still have 2.5 cases in your possession. You turn in all the money you accumulated plus each of the additional boxes left over to your contact for the Girl Scouts. All is fine because you have not misdirected any one of the funds or products.
Then, consider you are having a tough time economically and also you state in your mind “I will just use some of that money and afterwards give it back when it is time. I will be able to get it at that time.” Is that a poor thing? Yes, it absolutely is! This is an instance of embezzlement. You were in a position of trust and also a caretaker for assets that do not belong to you personally. As a result, this misdirection of funds is taken into consideration to be embezzlement. If you take any of those assets for individual use ‘at any time’ you are making use of cash that does not belong to you. Even if you planned on returning it when it scheduled – you still did it. This is never a good suggestion, not even if you do pay the cash back on time. You must in all times keep that cash totally separate from your individual money. Co-mingling of funds like that is just not a good idea to do.
Bringing that to a corporate level, there are even more methods to abuse or misuse funds or possessions in a service, non-profit, or government entity setting. This sort of thing happens more regularly than you would believe, and some of these situations become high profile (meaning they are covered by potentially several news outlets such as radio , TV, news papers, as well as more). Embezzlement on a company or charitable level implies that an individual has actually taken assets (usually money or it might also be services or products) and also used them, without authority, for personal advantage. Often times these funds are misdirected to a personal account, but more intricate embezzlement plans also exist.
Embezzlement can additionally be carried out by greater than one individual, specifically from a planning perspective. Despite how many individuals are in the process, all of them are doing something unlawful and can be charged with a crime.
Just How Can I Get Charged with Embezzlement and Would I Need an Embezzlement Defense Attorney in Maricopa, AZ?
You can be charged and require an Embezzlement Defense Attorney in Maricopa, AZ if you are under suspicion of committing any sort of deceitful task with another person’s or entity’s funds that have actually been misdirected and utilized for your individual usage. It doesn’t matter if you utilized them to help a friend or family member or you personally profited. You used the assets illegally.
Often times it can take years before charges are brought up, specifically in cases where a controller or a book keeper had direct access to assets and also the firm was lax concerning having their books properly investigated on a regular basis. What happens in this case lot of times is the embezzler starts out gradually stealing a few dollars out at a time. After that because they haven’t been caught in the act yet, greed can set in therefore they start getting even more money. Their boss ultimately catch on as well as begin to explore the possible missing assets. They will probably hire an auditor to see what’s taking place as well as the auditor hopefully easily locates the trail of stolen cash or goods that leads back to the individual that did it. This process can take years because of how this type of crime can play out. All of it just depends on the circumstances of the theft, the financial controls of the business, and when and if the firm’s officers are able to determine the prospective losses they are experiencing.
When this takes place, policemen are employed, they gather each piece of the truths that they can, as well as provide a warrant for the arrest of the person or people involved in the criminal offense. Then you will definitely want to call the best and top rated Maricopa, AZ Embezzlement Defense Attorney.
Here is a page with many of our Case Results. Please feel free to take a look at all of the successful victories we have had for our clients over the years.
Ready to talk? Just call us today at 602-324-5300. The consultation is free, and you will discover important concepts that will help you defend the charges against you.
Is Embezzlement a Felony in Arizona?
This is a terrific concern. Because of the nature of the criminal activity, you may think that it is in all instances. However, there are situations that it is simply a misdemeanor in Arizona. However, even a misdemeanor can lead to penalties as well as jail time, although it will not cause a felony record. Embezzlement in Arizona will be a misdemeanor if the worth of the burglary is under $1,000, which can have a penalty of as much as 6 months in jail. Any kind of embezzlement or theft quantities greater than that will certainly be a felony if convicted, the class of which is identified by the quantity of the theft. Felony charges can vary anywhere in between a Class 6 felony for $1,000 to $2,000 in theft of goods, with repercussions of as much as 2 years in prison (that’s prison, not jail) to a Class 2 felony for greater than $25,000 of theft of assets. The consequences for that are between 3 and 12.5 years in a prison.
How Can I Defend Myself Against an Embezzlement arrest?
There are lots of reasons why individuals do the things they do, as well as there are times when it resembles someone is doing something prohibited and they are charged of that in their arrest, but the intent or actual circumstance was completely different.
Let’s take the Girl Scouts example from above. Let’s state you used the cash to purchase pizza for the local Scouts and you were authorized to do so from a person higher in GSA. After that something happens to that individual and also someone else takes over control however was not aware of the permission. They call the police department and charge you for theft. But no burglary really took place because you appropriately utilized it for the girls, and you had consent, although the proper communication was missing. In this circumstance, your case would most likely be dropped due to the fact that there was no intent to misuse or abuse the funds and there was permission to use them for the objective they were.
There are various other prospective genuine defenses against embezzlement as well, such as the problem pointed out above where somebody else was forcing the actions upon the person that remained in the position of monetary trust. All of these are handled on a case by case basis, and also you should have a really strong protection on your side in order to beat charges like these. If all the evidence points to you and you also were in that position of financial responsibility, only the best defense by the best as well as top rated Embezzlement Defense Attorney in Maricopa, AZ can assist you with your rights in court.