In tough economic times, embezzlement becomes and even more common crime. North Carolina embezzlement law defines the crime as the taking of money or things of value that have been entrusted to an employee, clerkLorrin Freeman is the elected Clerk of Superior CourtSuperior Court is the higher of the two levels of trial court in North Carolina. Felonies may be resolved in Superior Court by pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.
An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.
An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt., or trial. Misdemeanor convictions may be appealed to Superior Court for juryA jury may be either a grand jury or a petit jury. A grand jury is a jury that determines whether there is probable cause to believe the defendant committed a crime. The result is an indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. that sends the case into Superior Court, perhaps for a jury trial.
A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case. trial. for Wake County. The Clerk of Superior CourtSuperior Court is the higher of the two levels of trial court in North Carolina. Felonies may be resolved in Superior Court by pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.
An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.
An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt., or trial. Misdemeanor convictions may be appealed to Superior Court for juryA jury may be either a grand jury or a petit jury. A grand jury is a jury that determines whether there is probable cause to believe the defendant committed a crime. The result is an indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. that sends the case into Superior Court, perhaps for a jury trial.
A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case. trial., among other duties, maintains court records and facilitates the management of the Wake County court system., officer, or other agent by the alleged victim.
A Raleigh embezzlement case typically involves an employee – someone with access to a company credit card or company bank accounts – who has taken money from the accounts or charged personal items to the credit card. Since embezzlement is considered a violation of trust, it is categorized as a felony, regardless of the amount in question. Theoretically if you are accused of embezzlement Raleigh of just $100, you’d face a felony.
There are two levels of embezzlement North Carolina. The first level is any amount up to $100,000 and is a Class H felony. The second level is any amount of $100,000 or more and is a Class C felony.
The importance of the value may be crucial to your case. That’s because a Class C felony is a much more serious crime, resulting in mandatory prisonA prison is a facility, operated by the Department of CorrectionsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. time of 5 years or more.
A Class H felony, for a first time offender, may result in probationProbation may be either unsupervised or supervised. Unsupervised probation generally simply requires the person stay out of trouble for a specified period. If the person violates probation (perhaps by committing a new crime) the person may be required to serve an active sentence.
Supervised probation requires the person to check in with a probation officer, and may have additional requirements., and no prisonA prison is a facility, operated by the Department of CorrectionsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. time at all.
One of the problems with embezzlement is the dispute over the amount of money taken. Where the person has admitted to taking some money, the question will be how much did they take. That’s important for two reasons.
First, again, if the amount equals or exceeds $100,000, the crime is much more serious.
Second, if the person is placed on probationProbation may be either unsupervised or supervised. Unsupervised probation generally simply requires the person stay out of trouble for a specified period. If the person violates probation (perhaps by committing a new crime) the person may be required to serve an active sentence.
Supervised probation requires the person to check in with a probation officer, and may have additional requirements., and ordered to pay restitution, the question is how much restitution must the person pay back. A failure to pay back the restitution could result in a violation of probationProbation may be either unsupervised or supervised. Unsupervised probation generally simply requires the person stay out of trouble for a specified period. If the person violates probation (perhaps by committing a new crime) the person may be required to serve an active sentence.
Supervised probation requires the person to check in with a probation officer, and may have additional requirements., and an active sentence. So it’s important that someone accused of embezzlement Raleigh not be required to pay back more than is truly owed.
In tough economic times, sometimes victims – companies, employers etc., – may use the fact that you’ve been accused of embezzlement to saddle you with ALL losses from the business, even losses that you are not responsible for. This is called “cleaning the books.” And it’s a strategy they might use to try to get back more than is truly owed.
If an employer approaches you about claims of embezzlement, you should certainly contact a Raleigh embezzlement lawyer or embezzlement lawyer Raleigh as soon as possible. This is because anything you may say to the employer could be later used against you.
And, because, if we act quickly enough, there may be ways to avoid a criminal charge entirely.
Raleigh criminal lawyer Damon Chetson helps individuals charged with crimes - misdemeanors, felonies, and DWI and traffic charges - in Raleigh, Cary, Apex and other communities in Wake County and the Research Triangle of North Carolina. Durham DWI lawyer Damon Chetson also represents people throughout the Research Triangle. We are available day or night, weekdays or weekends. Call (919) 352-9411 day or night.
