Time Is Of The Essence – Hiring An Embezzlement Lawyer in Yuma County, AZ
Facing a charge of embezzlement is an extremely serious issue and definitely one in which you would want to find an Embezzlement Lawyer in Yuma County, AZ. From a legal point ofview if you are actually guilty, you could end up with penalties and/or jail or prison time, depending upon just how severe the criminal offense is, judged by the quantity of the things or money stolen. From a personal viewpoint, there are numerous concerns that will certainly have to be handled if you are found to be guilty. The biggest personal obstacles you will most likely face are that you might seem like you let yourself down in addition to people around you. Your family and friends may really feel badly for you, or they might feel very dissatisfied in you as well as might desire to abandon the relationship with you, temporarily or maybe permanently.
However, if you really are innocent or there are mitigating conditions (such as somebody made you do it) you definitely require to have a terrific defense. Only a highly experienced Embezzlement Lawyer in Yuma County, AZ can make that defense for you. Here we will discuss what embezzlement is, exactly how you can get charged with it, whether it is a felony in Arizona, as well as how you can prevent the charge.
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 considered to be the abuse of or the misuse of a person’s setting or capacity in a trust setting that deals with funds as well as other assets aside from their own. For instance, if you are a controller or an accountant in a corporation or a charity, you are in a position that takes care of, either directly or indirectly, the individual’s or organizational entity’s funds and also various other properties. Even if you offer items such as candy or various other products or services for somebody else and also deal with the cash directly, you are in a position of dealing with an additional person’s or entity’s cash.
That cash belongs to the individual or entity that you are holding it or handling it for. Additionally, there are certain guidelines, both spoken as well as unmentioned, that you as the caretaker of those possessions (which could be cash or products, for instance) that need to be adhered to.
What is Embezzlement (continued)
Let’s state for example that you are working with the Girl Scouts marketing cookies and you have been provided 5 box cases of Girls Scout cookies to market. You market 2.5 cases of them in the time period that’s set aside to sell them, which indicates you have the cash for the 2.5 cases you marketed and you still have 2.5 box cases left. You give all the money you gathered plus all of the additional boxes left over to your contact person for the Girl Scouts. Everything is great due to the fact that you have not misused any one of the funds or products.
Now, consider you were having a challenging time economically and you state in your mind “I will just use a little of that cash and afterwards give it when it is time. I will be able to get it by then.” Is that a poor thing? Yes, it definitely is! This is an example of embezzlement. You were in a setting of trust as well as a caretaker for possessions that do not belong to you. Consequently, this misdirection of funds is taken into consideration to be embezzlement. If you take any of those possessions for personal usage ‘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 positive idea, not even if you do get the cash back in a timely manner. You ought to in any way possible and at all times maintain that cash completely separate from your personal cash. Co-mingling of funds like that is just not a good idea to do.
Bringing that to a corporate level, there are a lot more ways to abuse or misuse funds or possessions in an organization, non-profit, or government entity setup. This sort of thing happens more frequently than you would assume, as well as a few of these situations become high profile (meaning they are covered by one or more information outlets such as radio stations, television, newspapers, and a lot more). Embezzlement on a business or charitable level indicates that an individual has actually taken assets (usually cash or it can likewise be services or products) and utilized them, without authority, for individual advantage. Sometimes these funds are misdirected to a personal account, yet much more fancy embezzlement schemes also exist.
Embezzlement can also be accomplished by more than one individual, especially from a planning point of view. Regardless of the amount of individuals are involved, every one of them are doing something illegal as well as can be charged with a crime.
How Can I Become Charged with Embezzlement and Would I Need an Embezzlement Lawyer in Yuma County, AZ?
You can be charged and also need an Embezzlement Lawyer in Yuma County, AZ if you are under suspicion of doing any kind of illegal activity with some other individual’s or entity’s funds that have actually been misdirected and also used for your own personal use. It matters not if you utilized them to aid a buddy or relative or you directly profited. You used those assets illegally.
Sometimes it can take years that criminal cases are raised, particularly in cases where a controller or a book keeper had direct access to assets and the company was lax regarding having their books examined by a 3rd party at important times. What happens in this situation sometimes is the embezzler starts out gradually and takes a few dollars out at once. After that due to the fact that they haven’t been caught yet, greed can embed in so they start obtaining even more money. Their boss eventually will catch on as well as begin to examine. They will possibly contact an auditor to see what’s taking place as well as the auditor hopefully quickly finds the path of stolen cash or goods that leads back to the person that did it. This process can take years because of exactly how this sort of crime can play out. All of it simply relies on the scenarios of the burglary, the financial controls of the firm, and when and also if the firm’s officers are able to determine the prospective losses they are experiencing.
When this occurs, officers of the law are called in, they gather each piece of the evidence that they can, and also issue a warrant for the arrest of the individual or people associated with the criminal activity. Then you will definitely want to call the best and top rated Yuma County, AZ Embezzlement Lawyer.
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 concepts that will help you defend the charges.
Is Embezzlement a Felony in Arizona?
This is a terrific question. Because of the nature of the crime, you may believe that it is in all circumstances. However, there are cases that it is just a misdemeanor in Arizona. Yet, even a misdemeanor can result in penalties as well as jail time, although it will certainly not result in a felony record. Embezzlement in Arizona will be a misdemeanor if the value of the theft is $1,000 or less, which can have a punishment of as much as 6 months behind bars. Any type of embezzlement or burglary quantities greater than that will certainly be considered to be a felony, the class of which is identified by the quantity of the theft. Felony charges can vary anywhere between a Class 6 felony for $1,000 to $2,000 in theft of goods, with consequences 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 cash and/or goods. The effects for that are between 3 and 12.5 years in prison.
Just How Can I Defend Myself Against an Embezzlement charge?
There are lots of reasons that individuals do things they do, and there are times when it appears like a person is doing something unlawful as well as they are accused of that in their case, however the intent or real situation was entirely different.
Let’s take the Girl Scouts instance from above. Let’s say you made use of the money to buy pizza for the local Scouts as well as you were licensed to do so from somebody higher up. Then something occurs to that individual and also someone else has to take over yet was unaware of the consent. They call the police department and charge you for fraud. However no theft actually happened because you appropriately utilized it for the scouts, as well as you had permission, although the proper communication was missing. In this scenario, your charges would most likely be dropped because there was no intent to misuse or abuse the funds and there was authorization to utilize them for the objective they were.
There are other possible legitimate defenses versus embezzlement as well, such as the problem stated above where another person was forcing the actions upon the individual that was in the placement of monetary responsibility. All of these are handled on a case by case basis, and you must have an extremely solid protection on your side in order to defeat costs like these. If all the evidence points to you and you worked in that setting of financial responsibility, only the best defense by the finest as well as top rated Embezzlement Lawyer in Yuma County, AZ can help you with your rights in court.