Michigan Criminal Lawyers Blog
A woman facing embezzlement charges has just gotten another adjournment much to the judge’s chagrin. The judge asked, “what are we doing with this case? This is the ninth adjournment in this case.” While the judge holds the ultimate authority over giving adjournments, there is an interest in working towards a resolution if it is possible. The defense attorney stated that this adjournment was to finalize plea negotiations. Sometimes an adjournment is exactly what is needed, just a little more time. If both the prosecutor and defense attorney are in agreement in asking for an adjournment, it is rarely denied.
Original Case Details
The woman, 64, is accused of embezzling over $20,000 from the Eastpointe chapter of the International Order of Odd Fellows. She was hired as secretary to the club back in June 2018. She has been accused of stealing the money over a period of time. Investigators believe that she would write duplicate checks to herself, listing things like “vacation” and “hotel reservation” on the memo lines. Additional, out of numerical order checks were also made out to her totaling over $12,000. This woman’s rap sheet goes back to 1990 where she had her first conviction for a false identification in the use of a financial transaction device. She has been convicted of embezzlement previously in 2015 and in 2008 where she embezzled more than $35,000 between both cases. In 2003, she was convicted of theft for stealing over $20,000.
Embezzlement Generally
The most simple definition of an embezzlement is when you work for or are trusted by someone and are legally able to hold and direct their money or property, but instead of using the money or property as expected in the normal course of business, you in some way steal or benefit from that money or property without the owner’s consent. This charge involves not only the deprivation of money or property from someone, it also is centered on the trust that was violated by the accused. Embezzlement can be a misdemeanor or a felony. The different levels of embezzlement charges are defined by the amount of money alleged to have been embezzled. A conviction of embezzlement is one of the most difficult hurdles in passing a background check that exists. The punishment for an embezzlement charge is dependent on how much was embezzled, the value of what was embezzled, or the type of trusted relationship you had.
What Are The Defenses To Embezzlement?
The crime of embezzlement requires a Prosecutor to show that you intended to take the money or property from the people who entrusted you with that money or property. Was there a genuine, honest mistake in what was going on? Are you able to explain why things may look a certain way, but can be explained to demonstrate why there is no violation of trust here? In order to attempt to defend your case in this manner then it is imperative that your defense conducts its own investigation. It is important to thoroughly inspect any evidence against you while also questioning any additional witnesses as necessary to bring your case forward. An embezzlement also requires specific intent. Specific intent is simply defined as an individual doing a certain act with a specific purpose while trying to achieve a specific objective for doing that act. This type of mental state cannot be inferred just from doing the act itself. It is a requirement of the Prosecutor to prove that specific intent beyond a reasonable doubt.
Any Further Questions?
If you or a loved one is being investigated for embezzlement or has already been charged, then it is important to speak to an experienced criminal defense attorney immediately. At Grabel & Associates, our attorneys have over 100 years of combined experience in successfully defending criminal cases all over the state of Michigan. We are not a general practice firm. We are a team of criminal defense attorneys; it’s all we do. We offer a FREE consultation to anyone with questions relating to a possible or existing criminal charge against them or a loved one. Feel free to contact us on our 24/7 defense line at 1-800-342-7896. You can also contact us online or come visit us at one of our three statewide locations. We can also come to you.