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Determining Estimation of Loss in New York Embezzlement Cases

People have a right to challenge any accusation from arrest through indictment and trial if necessary. The accused has a right to plead not guilty when determining estimation of loss in New York embezzlement cases. In fact, you may have a restitution or loss hearing on the issue of dollars in an embezzlement case should you need to or reach that point. If you are unsure of your next steps, contact an experienced embezzlement attorney right away.

Rights of the Defendant

As an accused, they have the right to challenge a prosecutor and examine the corroboration or evidence as to what law enforcement claims is the loss. The District Attorney cannot force a plea deal on the individual facing the charges.

The defendant may ask the prosecutor or the judge to provide evidence as to the actual dollar amount after determining estimation of loss in New York embezzlement cases. They have the right to know how that conclusion was reached whether that amount is fair and accurate. However, law enforcement has to deal with the real numbers.

For the most part, lawyers do not like to address things in hypotheticals. In fact, an experienced criminal lawyer who handles embezzlement cases with regularity in New York wants corroboration and evidence, not speculation and conjecture. Their job is to confront the allegations and minimize the individual’s exposure.

It is incumbent to get in front of any theft and embezzlement allegation, address and identify where the district attorney or the judge is getting the numbers from, and ultimately find a way to defeat the case in its entirety, secure a downward departure or mitigate conduct. It is an individual’s future that is on the line.

Evidence Used to Determine Loss

A judge is presented evidence from the district attorney through an indictment if that is a route that it has gone. A judge can review that indictment to determine the legality of the same. The judge can potentially accept evidence from the accused attorney post-indictment if nothing was provided to the Grand Jury prior.

Ultimately, the judge is bound by the evidence in the indictment when ascertaining whether the result of determining estimation of loss in New York embezzlement cases is legally sufficient. Often, a prosecutor will reach a conclusion in terms of the number on their own and establish that in a grand jury or provide other evidence of this value.

Impact of Hearsay

In many hearings, hearsay is admissible and permissible in court. Hearsay, barring an exception, is not admissible at a trial. What this means is that documents, computer data, or computer records can be provided, either directly to a prosecutor or a judge, as part of evidence.

Beforehand, there might be a synopsis of those relevant records and data, which is easier to read and understand. While not necessarily evidence at a hearing, these materials can be presented to a judge or a DA to identify the number or amount that is stolen in an embezzlement allegation.

Hearsay or not, tax documents, invoices, QuickBooks, bank account statements or credit card transactions are taken into account when determining estimation of loss in New York embezzlement cases.

Hiring a Lawyer

A defense attorney may challenge the result of determined estimation of loss in New York embezzlement cases. Usually, issues of value and loss are addressed before it gets to the point where there will be a plea. However, it should not be taken for granted that a prosecutor and defense lawyer will reach the same conclusion or come to a meeting of the minds.

If an agreement cannot be reached or legally sufficient evidence is absent a judge or a jury will make the determination whether or not a crime was committed and whether or not the theft or loss exceeds the threshold amounts of each level or criminal degree of grand larceny or criminal possession of stolen property. When it comes time for sentence or restitution purposes, how much is owed by the defendant can and likely will be codified in writing or on the record.

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