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Impact of Mandatory Sentences in New York Embezzlement Cases

If charged with an embezzlement charge, someone will need to show evidence through a matter of law that the District Attorney is incorrect, and how the allegations may be false. An experienced embezzlement attorney can help them find the means to challenge the case in order to lessen the crime. It is not recommended to wait until having been indicted by a grand jury or convicted at trial potentially to start this conversation. Contact a lawyer about the impact of mandatory sentences in New York embezzlement cases and how to try combating them.

Defining Mandatory Minimums

If someone has a prior felony in the past ten years, it is mandatory no matter what the person is convicted of. If it is over $1,000,000, even if the person does not have a criminal record, it is mandatory prison. The key is to not be confused with mandatory and nonmandatory. The presumption is that non-mandatory means the person is not going to prison and that could not be further from the truth. Most people do not deal with the impact of mandatory sentences in New York embezzlement cases or prison sentences for first time offenders. There is a good chance someone is going to prison if convicted.

Appealing a Mandatory Minimum

Effective assistance counsel is one way to appeal and combat the impact of mandatory sentences in New York embezzlement cases. Hiring ineffective counsel means the person has wasted time, energy, and dollars to get to the wrong place. Other than that, any appeal to a sentence or a conviction builds ground in the same foundation. Whatever would work for any type of appeal will work in this scenario.

Role of an Attorney

A sentencing lawyer can understand the evidence, see flaws in the prosecution’s case, and be prepared to respond to law enforcement’s misrepresentations. They also understand the impact of mandatory sentences in New York embezzlement cases and may be able to confront the prosecutor at the time of sentencing.

This may be necessary if the District Attorney made bold statements about what the evidence would establish and in fact the evidence never did so. An attorney familiar with the sentencing also know the judges’ general thought processes when they decide sentencing. As a result, an embezzlement sentencing lawyer can present the individual in the best picture possible.

The individual’s ability to pay back this money will also be assessed by the presiding judge. There is no guarantee of a particular outcome. However, the wrong lawyer can certain put you on track to a dismal and irreversible end.

Call the Federal criminal lawyers and former prosecutors at (212) 312-7129 or contact us online today.

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