Legal Question in Criminal Law in California
Embezzlement Charges
I was helping a another person out with some business transactions. One of the agreements was that I be reimbursed for any out of pocket expenses I might incur. At the end of one transaction I didn't think I was going to be reimbursed so I took the money directly out of their bank account. Now I am being accused of embezzlement and it might be a felony! How can I be accused of embezzling money if I was a signer on the account and had power of attorney? Can they really charge me with this? If I give the money back can I still get charged? I really didn't think I was doing anything wrong.
3 Answers from Attorneys
Re: Embezzlement Charges
I am not quite sure as to how you are being charged with embezzlement. From what you are telling me, it doesn't look like it would have raised a red flag unless it was an enormous sum of money.
Re: Embezzlement Charges
I'm having a problem recognizing a crime in what you did also. This is the type of case the police usually refuse, and tell the parties reporting the alleged crime to seek their civil remedies.
Re: Embezzlement Charges
From your description it sounds as though there was a dispute between you and some parties in this company. They are most likely accusing you of embezzlement as some form of revenge or illwill.
There are a number of crimes that are really quite subject to interpretation or individual perception. In fact most crimes are that way. In your situation you claim that you were entitle, in fact owed the money. However, if we were to think like the enemy we would say that you took the money by disputing the your entitlement to it and pointing out only that you took it without authorization.
Now, I understand that you have contentions that what you did was legitimate, but remember, most crimes are perception,perspective and who you are asking.
The short of it is that you will have to prove your innocence against the ugly accusation like most allegations of a crime. Trust me my friend, an accusation is a lot easier to make than it is to prove.
I stongly suggest that you get yourself a good attorney who can protect you and prove your innocence early on as opposed to waiting until formal charges have been filed.
Once charges have been filed in a criminal court you are on the defensive. Make no mistake, the criminal system is designed to convict you. It cares nothing for your rights or about you personally.
A good attorney will quickly marshall together evidence that will support a story of innocence before it is lost and before the criminal court treats you like a second class citizen.
Further, the best defense is a better offense. It is quite possible that the reason you are being accussed is because those accussers themselves are quilty of embezzlement and they want to cover their tracks. What do you want to bet we can find some dirty laundry on them in our thorough investigation? We usually accuse others of those very things we ourselves are guilty of.
In the end remember, a criminal conviction is very much like cancer. It can happend to some very good people who did not take the rights steps at the right time to get some treatment. If you get treatment and help early your chances of recovering are excellent. However, if left untreated your chances can be less than optimistic.
Call if you have any questions or concerns. I understand that this is all very new and intimidating. As such I am willing to answer any questions that you may have to help relieve some of the stress and anxiety.
I handle many areas of criminal allegation opposition and this particular area is considered "white collar crime." I have an excellent team that assists me in the aggressive defense and reversal of such allegations. Just remember, where there is a will there is a way. After eight (8) years in the Marine Corps I am dedicated to finding that way.