Legal Question in Criminal Law in California

Re: Embelzement

Hire when? Immediately.

Punishment? PHe faces prison time.

Now, wake up and get it in gear to hire an attorney before he screws up what defenses may be available. Contact me if interested in doing it right.

Re: Embelzement

Embezzlement - he is looking at a minimum of 16 months in PRISON, but there are so many other factors to consider regarding sentencing that he should hire, or at least consult, with a lawyer immediately. It's tough to say how much evidence is required to convict -- the jurors must be convinced that the charges are true beyone a reasonable doubt.

Re: Embelzement

He must consult an attorney immediately.

Re: Embelzement

When should he hire a lawyer? *Before* agreeing to take a polygraph test! Who knows what else he may have done or said. The polygraph may not be admissible against him, but statements he has made could have already put him in a very bad position.

Police need only have probable cause to believe someone guilty of a felony in order to arrest him. Alternatively, police who actually witness a misdemeanor can arrest the person they saw commit it. (This does *not* mean that people who aren't caught red-handed can escape prosecution or punishment.) How much evidence is necessary to establish probable cause? Not much.

At trial, the prosecutor will have to produce evidence that: (1) the money belonged to the bank; (2) your friend had been entrusted with it; (3) he knew the money was not his; and (4) he intentionally took it. There is no particular quantity of evidence that has to be produced. In order to make your friend stand trial the prosecutor need only produce enough evidence to persuade a judge that reasonable people could find your friend. In order to win the prosecutor will need to actually convince twelve people, so naturally he will offer more evidence if he can.

Keep in mind that testimony is a form of evidence. Someone who saw your friend take the money can testify about what he saw and that would be enough to convince many people. Or an auditor could testify that she investigated a report of missing funds and explain how the records demonstrate your friend's guilt. There are any number of other possible ways to prove embezzlement; what the evidence in your friend's case will be will depend upon the specific facts.