If you’ve been accused of embezzlement, then there are steps to take to help protect yourself from further incrimination. Always contact an embezzlement lawyer as early as possible after your accusation, and take the steps below to try and minimize the damage caused by the accusation.
7 Steps You and Your Embezzlement Lawyer May Take When You’re Accused of Embezzlement
1. Understand How Serious This Is
Being accused of a white-collar crime is never anything to take lightly. You could be charged with a misdemeanor or felony, depending on the amount the accusers believe you stole. Even if you’re innocent, you need to take the charges extremely seriously so you can make smart, safe decisions going forward.
If you’re not sure what kind of crimes constitute embezzlement, then visit this page to learn more about them. Even minor theft of company supplies can count as embezzlement, and all instances of embezzlement are serious.
2. Get in Contact With an Attorney
Never do anything without the help of an attorney. Contact one as soon as you’re accused, and make sure you start working together as soon as you can. Have a consultation, explain your case, and find somebody who’s willing to take it on. Be totally honest with your attorney, so they can help you to the best of their ability.
Don’t be afraid to share the whole truth with your attorney; attorney-client privilege prohibits them from sharing any information unless you permit them to do so. Even if you’re innocent, you need an attorney by your side to help you avoid charges or deal with any charges already placed upon you. Make sure your attorney is experienced, dedicated, and ready to get to know your case in detail.
3. Question the Evidence
To charge you with embezzlement, there needs to be evidence indicating you committed the crime. Your attorney may ask what evidence the accuser has against you. If there’s a lack of evidence, then your attorney may use this as your defense. If there is evidence, then your attorney may examine it to try to prove that it won’t hold up when trying to charge you with a crime.
If there’s any evidence you know is false or fabricated, then be sure to discuss this with your attorney. Questioning and dismissing evidence is often an important step to take in your case.
4. Be Extremely Careful
You must begin being extremely careful with your words and actions if you’ve been accused of embezzlement. If any of your behavior could be taken as suspicious, then it may be used against you. Everything you do will be under a microscope, so act and speak with caution, and contact your attorney if you’re ever unsure of what to do in a specific situation.
5. Display a Lack of Intent
There must have been intent involved for you to be charged with embezzlement. Sometimes mistakes happen, or you make bad decisions, and your innocent actions can make it look like you’ve knowingly committed embezzlement when it’s really not always the case. Discuss your actions with your attorney, so they can advise you on how best to explain your actions to avoid incriminating yourself.
For example, perhaps you moved some funds temporarily into your personal bank account because it was easier for you at the time, but you didn’t get a chance to move it before you were accused of embezzlement. Explain what you were going to do if you’d been given the chance. In another circumstance, perhaps you made a mistake because you were ill or extremely stressed. You may use this to explain your lack of intent to embezzle.
6. Show That You Were Under Duress
If you were under duress, then explain this to your attorney. Essentially, this means that you felt you were in some kind of danger if you didn’t embezzle funds. For example, perhaps your employer threatened to terminate your employment and blackball you, so you couldn’t get a job in the industry elsewhere, unless you embezzled for them. This may be a strong defense strategy if it applies to your case, so always let your attorney know if you were under duress.
7. Gather Evidence of Your Own
Defense strategies are incredibly helpful, but you may need evidence of your own to help your attorney build a case in your defense. For example, bank statements may show accusations of monetary theft are false. If you’re being accused of stealing equipment, then showing that you didn’t steal the equipment may help. Showing that you have permission to take certain equipment home may be helpful, too.
If you’ve been accused of embezzlement, take the accusation seriously, get legal help, and do what you can to help your attorney build your defense. Gather evidence to prove your innocence, and if you did commit the crime, then be sure to let your attorney know. It’s their job to get the charges waived if you’re innocent. If you did commit the crime, then it’s their job to fight for the least harsh penalty possible in your case.
