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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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I was accused of embezzling $15,000. What should I do

Resolved Question:

I was accused of embezzling $15,000. What should I do
Submitted: 2 years ago.
Category: Criminal Law
Expert:  xavierjd replied 2 years ago.

xavierjd :

Thanks for using JustAnswer.com It will be my pleasure to assist you.

Customer:

Thanks for helping

xavierjd :

Embezzlement is stealing property that you've been legally entrusted with. The legal definition of embezzlement in Las Vegas, Nevada is:


 


"Any bailee of any money, goods or property, who converts it to his or her own use, with the intent to steal it or to defraud the owner or owners thereof and any agent, manager or clerk of any person, corporation, association or partnership, or any person with whom any money, property or effects have been deposited or entrusted, who uses or appropriates the money, property or effects or any part thereof in any manner or for any other purpose than that for which they were deposited or entrusted, is guilty of embezzlement." (NRS 205.300)


Embezzlement is commonly called "employee theft" or "employee fraud" in Nevada. That's because many embezzlement cases stem from charges of workers stealing from their employers.


Embezzling money or property with a value of at least $2,500 is punished as a category B felony in Nevada. The maximum penalties are:



  • restitution, and




  • 1 – 10 years in prison and maybe $10,000 in fines.


Hold on...there's more.



Customer:

so would it help to get a lawyer and try to get off with the minimum? or just accept my penalty? I dont live a lavish lifestyle or anything i was using it to pay rent and bills. and I know that doenst make light of the situation but is there a chance that it and proving that will help my situation at all?

xavierjd :

A conviction for embezzlement will create a criminal record, and this can cause problems for you when you apply for a job, especially if the job involves dealing with money or property.

Because of the severity of the charge, you ABSOLUTELY NEED to hire an attorney. If you can't afford an attorney, you can ask the judge to appoint you a public defender. The fact that you were using the money for bills, etc. doesn't make it right, but it MAY have some impact on the judge when it comes to sentencing.

You need to have an attorney because there are possible outcomes other than pleading guilty to the original charge.



  • Case dismissed
    Through lack of evidence or faulty police procedure, our first defense will be to get the charge thrown out. This can happen at the preliminary hearing or subsequent hearings.

  • Charges reduced
    Sometimes, the client chooses to make a deal with the prosecutor. Many factors will play into this decision and ultimately; it will be up to the client. Attorneys have negotiated many plea bargains in favor of their clients. When dealing with the prosecutor the defense attorney will seek to get no jail time for you and your record expunged.

  • Acquittal at trial
    Going to trial is every defendant's constitutional right. We will prepare and execute a solid defense that will work towards an all out acquittal of the embezzlement charge.


It is most likely that there may be a plea bargain that may be negotiated. The plea bargain may allow you to enter a plea of guilt to a lesser crime. Moreover, it is POSSIBLE that you could get a period of probation with conditions. If you successfully complete your probation and pay restitution, it is POSSIBLE that you may be able to keep your record clean. A lot depends on your previous criminal history, the prosecutor, and whether the judge will agree.

Don't try to navigate this criminal charge by yourself. The prosecutor will be more than happy to have you plead guilty to the original charge. However, it is doubtful that the prosecutor will enter into any type of plea agreement without you being represented by an attorney.

I hope you find this information useful. If you have follow up questions, please ask. If you are satisfied with the answer, PLEASE PRESS THE GREEN ACCEPT BUTTON so the thread can be closed and I can get credit for answering the question. Thank you.

Customer:

well 5 years ago I had a previous charge of domestic battery misdemeanor. do you think that will seriously hurt my situation

xavierjd :

Do you have any follow up questions?

xavierjd :

It depends. Did you plead guilty to the charge? Or, is it still pending?

Customer:

to my current charge or the prior? my current I've not gone to court or anything yet. I was fired for it friday and they launched an investigation. I admitted to taking the money but not in the amount the stated. From the figures they had and is most accurate I took about 15,000. They're trying to say I took 36,000. No official evidence has been presented to the police as of yet. But like I said my lifestyle can account for my story. They want me to come back in wednesday and have a 1 on 1 talk with the investigator. He wants to know if I know anything else around the workplace thats going on. and i do so should I try and make a deal? what are your thoughts. Oh and I plead guilty to the prior charge 5 years ago

xavierjd :

You should DEFINITELY speak to an attorney BEFORE you speak to the investigator on Wednesday. So, from what you have said, your employer hasn't taken this to the police yet. If you do know of other illegal things happening at your workplace, they may offer to not prosecute you if you give them the information AND pay restitution. However, there is NOTHING that prohibits them from taking any evidence (including any statement that you make) to the police. That is why it is crucial that you speak to an attorney PRIOR to going to speak to the investigator. The attorney may tell you NOT to go, or if you hire the attorney, may allow you to go, but only if s/he is present. Further, it is much better to have an attorney try to work out a deal with your employer than for you to try to do so.

xavierjd :

With respect to the domestic charge, if the embezzlement can be kept out of court, then the new one won't matter. If the embezzlement goes to court, if you are convicted of anything (even a lesser charge), the judge can take the conviction(s) into account when sentencing.

Also, if you have already been allowed to have a case "diverted" and kept off of your record, there is a possibility that you will not be able to keep the embezzlement off of your record.

Customer:

You have been extremely helpful. One more question. What if i made a statement already on friday night. He told me to put down that I had taken 36k and I said that he had advised me to say that but didnt admit it. is that a problem? Ive not had a case diverted so I guess thats working for me kinda..

xavierjd :

I just can't emphasize strongly enough that you need to hire an attorney, or at least get the advice of an attorney, prior to Wednesday. Embezzlement of $15,000 is a FELONY. And, a felony conviction can have many implications.

If you didn't admit anything in writing, then there is no problem. If you did admit to anything, then it will be the job of your attorney to try to keep the admission out of evidence.

xavierjd :

Again, if you are satisfied with my answer, PLEASE PRESS THE GREEN ACCEPT BUTTON so that the thread can be closed and I can get credit for answering the question. If you have follow up questions, please ask.

Customer:

thanks I appreciate it

xavierjd :

You are welcome

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 2 other Criminal Law Specialists are ready to help you

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