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.
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.
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.
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, 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.
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.
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