What is Embezzlement?
Embezzlement occurs when a person illegally transfers money or property for their personal use. This is different from theft in the fact that when one embezzles, they break a trust that had been established between them and the owner and involves no physical violence. There is no minimum or maximum amount required before a person can be charged with embezzlement. Generally, the punishment is usually determined by the amount of money or property that was embezzled. To learn more, take a look at the questions below that have been answered by Experts.
What is vehicle embezzlement?
Vehicle embezzlement occurs when a person attempts to fraudulently convert use of another person's vehicle. This could also be refusing to return a vehicle that a person has loaned you.
What is the statute of limitations on embezzlement in Arizona?
This is 7 years from the date the embezzlement was discovered or should have been discovered. The statute of limitations does not continue to run if an arrest warrant was issued but the person was never arrested or if the person didn't appear in court.
Can embezzlement charges be dropped before a pretrial hearing by paying restitution or returning the money?
The charges can be dropped prior to the pretrial hearing but not through restitution. The court orders restitution and if the charges are dropped the court wouldn't order any. One option would be to take a plea bargain; however, you would have to plead guilty to the charge in order to take this type of deal. While returning the money will be favorable for you, embezzlement is a crime that can be punishable regardless if you have the money or not. If you have a clean record (no previous convictions) you might consider entering into a plea deal. If you return the money, the DA will be more likely to offer a better deal.
How to obtain mercy from a judge for an embezzlement crime to change the decision to 12 months’ house arrest?
While it is possible for you to serve your full sentence under house arrest, the final decision will be made by the court. Federal courts normally will not allow a person to spend their entire sentence under house arrest. If you are unable to pay the restitution, the court may deny your request to waive the jail time in exchange for full house arrest. There are no laws that require the court to extend full house arrest to you. If you or your attorney cannot negotiate an agreement with the court, you may not have any option but to comply with the court's decision.
Once embezzlement is discovered how far back can an employer search for evidence?
An employer can go back as far as they wish when investigating an embezzlement. The employer would face statute of limitation issues if they were to attempt a civil claim. If they were to sue for fraud, they could sue for any claims that occurred within three years of the discovery of fraud. To avoid possible prosecution, the employee may attempt to agree on a settlement with the employer to cover the employer's losses.
For fraud, it could pursue all claims falling within three years of discovery of the fraud. Practically, if the employee wants to avoid possible criminal prosecution, often a settlement would cover all losses even if they fall outside that window.
Embezzlement is a fraudulent attempt to obtain that which isn't yours but has been entrusted to you. Embezzlement usually involves large amounts of money and the crime is considered a felony in most countries. If you find yourself in such a situation, you should ask an Expert as soon as possible to assist you in your legal options by evaluating your case particulars and providing legal insight.