Time Is Of The Essence – Hiring An Embezzlement Defense Attorney in Maricopa County, AZ
Facing a charge of embezzlement is a really severe problem and definitely one in which you would want to hire an Embezzlement Defense Attorney in Maricopa County, AZ. From a legal viewpoint if you are found guilty, you can wind up with fines and/or time in jail or prison, depending upon just how serious the criminal activity is, judged by the amount of the things or money stolen. From a personal viewpoint, there are numerous issues that will certainly have to be dealt with if you are found guilty. The most significant individual obstacles you will most likely encounter are that you may feel like you let yourself down along with people you keep company with. Your loved ones may feel sad for you, or they might feel incredibly dissatisfied in you and also may wish to abandon the connection with you, momentarily or maybe permanently.
However, if you truly are innocent or there are extenuating conditions (such as someone made you do it) you definitely require to have a tight defense case. You will want to find an excellent Maricopa County, AZ Embezzlement Defense Attorney to make that defense for you. Here we will now review what embezzlement is, how you can get charged with it, whether it is a felony in Arizona, as well as just how you can prevent the charges.
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 usually thought to be the abuse of or the misuse of somebody’s position or capacity in a trusted position that deals with funds and also other properties other than their personal assets. As an example, if you are a controller or an accountant in a corporation or a charity, you remain in a position that manages, either in a direct manner or indirectly, the person’s or organizational entity’s funds as well as other properties. Even if you sell things such as candy or other services or products for another person as well as manage the money directly, you are in a placement of managing an additional person’s or entity’s money.
That cash comes from the person or entity that you are holding it or managing it for. Plus, there are specific guidelines, both spoken as well as unspoken, that you as the caretaker of those possessions (which could be cash or items, for instance) that you must comply with.
What is Embezzlement (continued)
Let’s say that you are dealing with the Girl Scouts selling cookies and you have actually been given 5 box cases of Girls Scout cookies to sell. You market 2.5 cases of them in the time period that’s set aside to offer them, which suggests you have the cash for the 2.5 situations you sold and also you still have 2.5 box cases still on hand. You provide all the money you collected plus all of the extra boxes left over to your contact person for the Girl Scouts. All is fine because you have not abused any of the funds or items.
Then, consider you are having a tough time financially as well as you said in your mind “I will certainly only use some of that money and afterwards pay it back when it is time. I probably would be able to get it by that time.” Is that a bad thing? Yes, it absolutely is! This is an instance of embezzlement. You were in a placement of trust and also a caretaker for possessions that do not belong to you. Consequently, this theft is thought to be embezzlement. If you take any of those possessions for individual use ‘at any moment’ you are utilizing money that is not yours to redirect. Even if you planned on returning it when it was due – you still did it. This is never a positive idea, not even if you do pay the money back on time. You should at all times maintain that money entirely away from your personal money. Co-mingling of funds like that is just not a good thing to do.
Bringing that to a corporate level, there are a lot more means to abuse or misuse funds or assets in an organization, non-profit, or federal, state, or local government entity setup. This type of thing occurs more frequently than you would believe, and several of these cases come to be high profile (in other words they are covered by potentially several information outlets such as radio , television, newspapers, and also much more). Embezzlement on a corporate or non-profit degree suggests that a person has taken possessions (typically cash but it could additionally be services or products) as well as utilized them, without authority, for personal gain. Many times these funds are misdirected to a personal account, but more intricate embezzlement plans also exist and occur.
Embezzlement can also be carried out by greater than one individual, particularly from a preparation point of view. No matter the amount of people are involved, all of them are doing something prohibited and also can be charged with a criminal offense.
Exactly How Can I Get Charged with Embezzlement and Would I Need an Embezzlement Defense Attorney in Maricopa County, AZ?
You can be charged and also need an Embezzlement Defense Attorney in Maricopa County, AZ if you are on trial of committing any type of deceptive activity with some other individual’s or entity’s funds that have been misdirected as well as utilized for your own individual use. No matter if you used them to aid a friend or relative or you personally benefited. You used those assets illegally.
Sometimes it can take years before criminal cases are brought up, particularly in cases where a controller or a bookkeeper had straight accessibility to assets and also the company was lax concerning having their records audited on a regular basis. What occurs in this situation lot of times is the embezzler starts out slowly thieving a couple of dollars out each time. Then due to the fact that they haven’t been caught yet, greed can embed in and they begin securing even more money. Their employer ultimately catch on and start to examine the possible problem. They will probably call in an auditor to see what’s going on and the auditor hopefully quickly discovers the trail of theft that leads back to the individual that did it. This process can take years because of how this sort of crime can play out. It all simply depends upon the scenarios of the burglary, the financial controls of the business, and also when and if the company’s officers discover the prospective losses they are experiencing.
When this takes place, policemen are employed, they gather each piece of the facts that they can, and provide a warrant for the arrest of the person or people involved in the criminal activity. Then you will definitely want to call the best and top rated Maricopa County, 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 at no cost to you, and you will discover important ideas that will help you defend the charges.
Is Embezzlement a Felony in Arizona?
This is a terrific inquiry. Due to the nature of the criminal offense, you may think that it is in all cases. However, there are situations that it is just a misdemeanor in Arizona. But, just being charged with a misdemeanor can lead to penalties as well as jail time, although it will not result in a felon record. Embezzlement in Arizona will be a misdemeanor if the worth of the burglary is $1,000 or less, which can have a penalty of up to 6 months behind bars. Any kind of embezzlement or burglary amounts more than that will be considered to be a felony, the class of which is established by the quantity of the theft. Felony charges can vary anywhere between a Class 6 felony for $1,000 to $2,000 in stolen goods, with repercussions of approximately 2 years behind bars (that’s prison, not jail) to a Class 2 felony for more than $25,000 of burglary of assets. The consequences for that are in between 3 and 12.5 years in a prison.
Exactly How Can I Defend Myself Against an Embezzlement arrest?
There are several reasons people do the things they do, and also there are times when it appears like a person is doing something illegal as well as they are accused of that in their arrest, however the intent or actual scenario was totally different.
Take the Girl Scouts example from above. Let’s state you utilized the money to acquire pizza for the area Troop and you were authorized to do so from somebody higher in GSA. Then something happens to that person as well as someone else takes over control however was uninformed of the authorization. They call the police department and charge you for theft. Yet no theft actually happened since you appropriately used it for the girls, as well as you had authorization, even though the proper interaction was not there. In this situation, your charges would most likely be dropped since there was no intent to misuse or abuse the funds as well as there was permission to use them for the function they were.
There are other prospective reputable defenses versus embezzlement too, such as the problem stated over where another person was forcing the activities upon the individual that remained in the setting of monetary trust. Every one of these are taken on a situational basis, and also you must have an extremely solid defense on your side in order to beat charges like these. If all the proof points to you and you also worked in that position of trust, just the greatest criminal defense by the most experienced as well as leading Embezzlement Defense Attorney in Maricopa County, AZ can defend your rights in court.