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Esquire38
Esquire38, Lawyer
Category: Criminal Law
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Experience:  I have many years experience in private practice with criminal law.
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I had a personal assistant who embezzled money via writing

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I had a personal assistant who embezzled money via writing checks on my account for her own personal benefit.....I have copies of the checks. The issue: I am temporarily staying in a city in the same state 350 miles away and need to report this. How can I (if possible) file a report from here? Also, Im not in a position to spend hours in court. Being a criminal matter, I simply turn it over to the police and I am out of the picture, right? Thanks for your help...
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Esquire38 replied 1 year ago.
Embezzlement can be both a civil and a criminal matter. In general, there's no urgency to initiate the civil proceedings unless you need to recover the money quickly. If you initiate a criminal investigation then she will likely face high fines and possible jail time. However, the only way for you to actually recover the money from her personally is to initiate the civil lawsuit.

By going through the criminal proceedings first you allow the state to take on most of the expense of the investigation and gathering of evidence. At a later date, if you do decide to proceed with the civil case, this will make proving your position much easier. Further, if she is convicted of the criminal charges, you stand a much higher likelihood of success in prevailing on the civil charges.

To answer your question more directly, you will be able to file the report and submit your evidence despite being located so far away. The police will help you file the report, you will simply have to call the station where the crime was (is) occurring. They will receive your information and probably request a statement in person when you do have the opportunity to go in to the station (some officers will take a statement over the phone, but it's not common).

You may have to spend time in court, if only to authenticate the evidence being presented. The chance that she would ever actually end up in trial is somewhat slim, however, as most crimes, especially for first time offenders, tend to get plead down before actually reaching trial.

Again, if you decide to pursue civil charges to recover your money, you will indeed have to spend more time in court, hire an attorney, and initiate the lengthy process of suing her, but for now, filing the police report to initiate criminal charges will get the process moving. The first step is calling the police where the crime happened.

I hope I was able to help you today, and if you have any other questions, please let me know and I will be glad to help. I would appreciate a positive rating so that I receive feedback for my answer today. I will also follow up with you in a few days. Good luck!

Expert:  Esquire38 replied 1 year ago.
Just wanted to follow up and make sure you were satisfied with my answer. Please let me know if you have anymore questions.
Expert:  Esquire38 replied 1 year ago.
Just a friendly reminder to please leave a positive rating for helping answer your question.
Expert:  Esquire38 replied 1 year ago.
I hope that you were happy with my answer. I would appreciate a positive rating so that I receive credit for helping you. Thanks!
Esquire38, Lawyer
Category: Criminal Law
Satisfied Customers: 133
Experience: I have many years experience in private practice with criminal law.
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