Evidence in a New York Embezzlement Case
When gathering evidence in a New York Embezzlement case, an attorney will determine what proof exists that links the individual to the crime and how he or she can challenge that in the prosecution’s possession. For example, a lawyer may first try and understand whether the money was taken out in cash, whether it was a wired transaction, a check transaction, or a credit card transaction. Regardless of the means by which the Grand Larceny was allegedly perpetrated, what, if any records are preserved and reflect unauthorized or illegal takings?
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There are many other elements that the prosecution must prove in an Embezzlement case to bring forward a Grand Larceny conviction originating from New York Penal Law Article 155. To best understand the role of evidence in your New York City Embezzlement case, immediately consult with an attorney familiar with the applicable statutes not merely relating to the theft in question, but those crimes involving fraud, the alteration of business records and related offenses. A New York theft lawyer can build a case to help produce a successful outcome on your behalf whatever the allegations.Determining the Strengths and Weaknesses of an Embezzlement Case
There are many factors that an experienced Embezzlement lawyer will examine when determining the strength or weakness of a Grand Larceny by Embezzlement investigation or arrest regardless of whether the matter is being pursued by law enforcement in New York City or elsewhere in the Hudson Valley such as Putnam or Westchester counties. When understanding what evidence is present in a New York Embezzlement case, an attorney will look to determine if the person made any statements or admissions linking them to the crime. An apology may be all that is needed to tie the accused to criminal conduct. Respectful silence is often your “friend.”
Additionally, what “paper trail” exists? Are there any communications preserved on email or other forums that connect a person to the Embezzlement? Other factors might include a change in spending habits, increased purchases and a lifestyle inconsistent with that person’s income.
Ultimately, regardless of the nature of the particular evidence the District Attorney uses as a basis to prosecute a Grand Larceny Embezzlement, there are numerous matters to be cognizant of that may influence the best defense you pursue. These elements can include how the accused is linked to the wrongful taking and larceny, what evidence exists that proves he or she in fact stole money by means of Embezzlement, whether the target of the investigation has the ability to pay back any of the money that they are accused of stealing (pay restitution) and what defenses may exist to either limit criminal exposure or, even better, to exonerate the defendant.An Employer’s Wrongdoing: An Indirect Defense to Embezzlement
One must be careful when proceeding defensively in cases where evidence of Embezzlement and Grand Larceny is significant, but what was allegedly stolen, how monies were embezzled, and the credibility of an employer can all be used by your criminal lawyer to your advantage. A defendant and is or her counsel can use this leverage against the employer on multiple fronts. If there is wrongdoing or fraud on the part of the employer, not only can it call into question the veracity of the evidence, records and how much money, if any, was stolen, but without threating the employer or violating the law, the employer or his or her attorney might not want prosecutors reviewing corporate books and records. In such a scenario, the employer may see the “forest from the trees,” and want to resolve the issue internally without the involvement of the NYPD or other law enforcement agency.
Alternatively, you and your counsel may choose a different path. Depending on what an accused and his or her attorney can find during their own investigation, information preserved or retrieved by the defendant may pique the interest of the District Attorney who, in turn, may target the company instead of merely treating them as an alleged Embezzlement victim.Benefit of an Experienced Embezzlement Defense Lawyer
When an accused is facing years and potentially decades in prison, it is important to gain the assistance of an attorney in a New York Embezzlement case to best avoid the severe penalties associated with a Grand Larceny conviction. Because the crime can seriously harm multiple individuals from family members to business associates, a defendant is not the only one facing direct and collateral consequences, but those closes to him or her can suffer as well.
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When deciding how to proceed in the face of a Grand Larceny and Embezzlement investigation, arrest or indictment, you have two choices. One is to no identify the best lawyer for your case and merely accept your fate or passively resist. If that is your choice, then proceed at their own risk. Similarly, you can compromise or compound your situation by hiring someone who has a lack of experience or knowledge in both the court where the case is prosecuted and the New York Penal Law.
The better of these two choices, in lieu of “rolling with the punches,” accepting your fate, or hiring the cheapest attorney, be smart and thoughtful. When beginning to combat the evidence in your New York City Embezzlement case or prosecution elsewhere in the Hudson Valley, retain the best lawyer equipped to identify your Embezzlement defenses. The longer the you wait and the more indecisive you are, if you do not have an experienced lawyer, you can only look in the mirror for jeopardizing your ability to stay out of custody and keeping your life and future intact.
Call the New York City Embezzlement lawyers and former Manhattan Assistant District Attorneys at (212) 312-7129 or contact us online today.