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Embezzlement Law Questions

What is Embezzlement?

Embezzling is the act of taking money that has been placed in your trust but belongs to another person. For instance, someone who works in a bank may secretly steal money that he or she has been entrusted to look after. This money belongs to the bank's customers, and the employee's action can be considered embezzling. One of the biggest factors in embezzling is that the embezzler is in a position of trust with someone else's money. Below are five of the top embezzlement questions that have been answered by Legal Experts.

What is the statute of limitations for embezzlement charges in Virginia? 

Additional Question: What is the difference between a felony and a misdemeanor embezzlement charge?

Misdemeanor embezzlement has a one year statute of limitations in Virginia, whereas a felony embezzlement charge does not have a statute of limitations. However, Virginia Code §18.2-111 deems embezzlement to be larceny. Virginia defines whether the act is grand larceny or petit larceny. Grand larceny is an unclassified felony. Petit larceny is a class 1 misdemeanor offense. The main distinction is the value of the item taken. Larceny of an item with a value of $200 or more is considered grand larceny in Virginia while a value of less than $200 is considered petit larceny.

How does a California Prosecutor prove embezzlement?

Despite the fact that embezzlement is simply a form of theft, there are rules that apply specifically to California embezzlement law. In order for the judge or jury to find you guilty of this offense, the prosecutor must prove the following three facts (otherwise known as "elements of the crime": that you had a relationship of trust with the victim, that, pursuant to that relationship, you were entrusted with certain property, and that you specifically intended to deprive the victim of that property by fraudulently taking it as your own.

What is the likely sentence if convicted of embezzlement in California?

Embezzlement in California is treated as a specialized form of theft. The possible punishments depend on several factors, including the value and/or type of property embezzled and in some cases the nature of your relationship with the victim. Embezzlement can be a misdemeanor punishable by a maximum of 6 months and/or a fine of $1000; or a felony punishable by a maximum of 16 months, 2 years or 3 years in state prison.

In Michigan, what are the different aspects that make something "embezzlement"?

In Michigan, the actual elements of the offense of embezzlement are spelled out in the Penal Code. The provisions pertaining to embezzlement are codified in Chapter XXXI. The requisite elements vary by the exact particulars of the offense.

If someone was interviewed by the police for embezzlement charges, and was denied an attorney during questioning, would a confession be submitted in court for evidence?

Confessions are not always admissible and perhaps a new criminal defense attorney looking at the situation is needed---because there would seemingly be no way that the confession could hold if they had repeatedly asked for an attorney during questioning and was denied. So long as they was not detained, and went to the police voluntarily to answer questions, they did not have to read the suspect any Miranda rights. However, if the suspect asked for an attorney and objecting to the further answering of questions would seem to indicate that their rights were violated. At some point in time, the detectives should have read them their rights---and only a criminal defense attorney can listen to the tape and make the determination what time during the interview that was.

Embezzling is a worldwide problem for companies. Shops, banks, corporations and charities are well aware of the problem and take the issue very seriously. Embezzlement often involves large sums of money and is considered a felony in most countries. Embezzlement can range from a few dollars to millions, and the methods used can be as simple as taking money from a cashier's till or as sophisticated as computer crime. If you are a suspect of embezzlement or if you think you are being embezzled from, ask an Expert to evaluate the particulars of your case and provide legal insights and answer that could help you find the best legal course of action.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2429
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
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9 Criminal Lawyers are Online Now

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Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
Satisfied Customers: 2079
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Nate
Lawyer
Satisfied Customers: 1625
Over 10 years of criminal defense practice.

Recent Embezzlement Questions

  • Is Zoey available? The local police keep violating my hippa

    Is Zoey available?
    The local police keep violating my hippa rights. I just finished an appointment with a new family practitioner and they called them. They keep stalking me and telling everyone I have mental illness and that is not true. They have a new report and they keep on harassing me and telling their falsehoods. I do have some what of a memory problem and sometimes it causes some mild issues, but they just keep on keeping on with their destructive patterns and ruining my life my their repeated character assassination. It's very hard to do anything because they will call everyone I attempt to get in touch with and tell them the exact same thing and then they elect not to assist me. This is ludicrous and totally outrageous behavior for a Police Department. Please help me asap. Thanks.
  • Hi and thanks for your time. My good friend, who has been an

    Hi and thanks for your time. My good friend, who has been an upstanding citizen, is well educated with multiple degrees, and has a good job admitted to me that after his divorce and the death of his father he began shoplifting. He did this from one particular big box store repeatedly and once or twice from a sister store. He took the same thing over and over. He estimates over a 5 month period of time he took around $3500 of a specific item. On at least one occasion he returned one for a store credit. He sold many of the items he took through a few different means including online. I am sickened and scared for him. Now fast forward, he has been free and clear of the particular store chain for over five months, not one step inside or near the place. While doing the thefts he was never once stopped by a store employee/LP, no alarms ever sounded, no police involvement, nothing in the mail, absolutely no indication they knew or knew it was him. He has lived in fear for the past five months and continues to live in fear. He’s lost weight, suffers headaches, vomits, and has nightmares. He is a wreck from the anxiety and fear. He has no one to blame but himself though and he knows that. He was at the lowest point of his life after his divorce, losing his father, and beginning to struggle financially with one income after being married. He has never been a dishonest person and his admissions mortified me. He is guilt ridden. We have a few questions: 1. With 5 months having passed since his last activity and store visits and 11 months since he started, what are the chances anything actually comes of this? 2. If they were on to him wouldn’t he have been contacted by now, it’s been 5 months of no activity, if they were on to him I would think they would see he isn’t coming back? I understand rackets are investigated for months on end but I would have thought someone would have contacted him? 3. If they were to investigate how would they at this point, look at video cross referenced from inventory, with the thefts starting 11 months ago and ending 5 months ago would they even have video? 4. He used his credit card to buy things during some visits could they find him on video and follow him to the register and get his ID from there, he also used id with the returns? 5. If somehow they don’t know what happens at inventory time when that degree of loss of an item is detected, would they hit the video? 6. I understand that to feel totally safe statutes of limitations must pass however realistically speaking if a store has reconciled lost inventory and moved on how would someone that stole in the past be found out without getting caught in a new instance of shoplifting? 7. Overall, based on your expertise and experience what would your gut feeling be: will they piece this all together or since so much time has passed since the last incident with no contact is this likely something that will not come to light provided he does not resume such activities. I just keep thinking that 5 months have gone by and if they knew they would have come for him. Thanks
  • My adult son has a parole date coming up. We Reside in New

    My adult son has a parole date coming up. We Reside in New Jersey. The Parole officer came to my home that my son will have a room in and told my husband who is a registered gun owner and has legally purchased and registered guns that he would have to relocate them from the home and provide verification from the police department that they were relocated. I went to the police dept. and spoke to the Watch Commander about this and he had never heard of such a thing. In his words "how could 'we' know if you decided to move them to another place of storage and/or return them back to your home?" I agreed with him. My son is incarcerated for dist. of child porn on the internet a non violent crime and will most likely be Tier 1 under Megan's Law. Does this Parole Officer have the legal right to tell us to remove the guns and does he have the right to search our private rooms w/o a search warrant? Thanks, Nancy
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