William G. Yarborough

Embezzlement Q&A: What it is, why it matters

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Embezzlement is an act in which someone steals or misuses assets that were entrusted to them. This most commonly happens in the workplace when an employee is responsible for the company’s accounts or finances and misuses that money for personal gain.

Anyone that has been entrusted with another’s property, especially at work, may be wondering about the answers to these common questions about embezzlement.

Q: How often does embezzlement happen?

A: According to Kroll Inc.’s report, 81% of all firms were victims of fraud last year. In short, the answer is that embezzlement is very common. The severity ranges, as not all embezzlement involves theft of enormous sums of money. However, most companies are at risk of being embezzled. If you have any responsibilities for your company’s finances, it’s important to understand what factors are present in an embezzlement so you know how to protect yourself.

Q: How is embezzlement different from theft?

A: Theft is a term that can include many different types of charges, but embezzlement is different from other forms of theft in one key way. Embezzlement requires that the assets in question were entrusted to the person. If an employee takes company money, they could still be charged with some form of theft, like larceny, but in order for this example to constitute embezzlement, that employee would have to have received responsibility for that money from the company.

Q: How serious is embezzlement?

A: Embezzlement is taken very seriously. In most cases, embezzlement is considered a felony. Jail time is common if someone is found guilty of embezzling. Depending on how much property was taken/misused, jail time could range from 5 to 10 years or possibly longer. Usually the accused person must also repay all of the money that was embezzled.

Q: What should I do if I am accused of embezzling?

A: The most important thing to do if embezzlement charges are brought against you is to contact an attorney. Embezzlement cases can be complicated. Many factors are at play and court decisions depend on many nuances, such as proving intent. Do not try to face embezzlement charges on your own. Having an experienced lawyer at your side will help you through the process and give you the best possible protection from the charges brought against you.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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