That’s because either employees have been taking money from employers to make ends meet, or employers are accusing innocent employees because employers want to stop “shrinkage” or the loss of money or merchandise that is not the employees’ fault.

Each embezzlement case is unique. Whether you are facing an embezzlement charge in Wake County, or in the Eastern District of North Carolina (federal court), you need a lawyer who knows how to work in both the state and federal courts.

North Carolina’s criminal code describes the crime of embezzlement, which is a form of theft.

Embezzlement may be:

* property received by virtue of office or employment
* state property by public officers and employees
* funds by public officers and trustees
* by an officer of a railroad company
* or by a surviving partner of a business partnership
* or may be defined under Federal Embezzlement Laws

The U.S. Code, Title 18 lists the many provisions of federal embezzlement lawsystem.

Under state law, embezzlement may be either a Class H felony (which is a fairly low level felony) or, if above $100,000 in value, a Class C felony (which is a fairly serious felony).

A Wake County district attorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. or federal United States Attorney must prove that the defendant – you – had the intent at the time of the incident to embezzle or that you knowingly and willfully converted money (or any other kind of property) to your own use

Damon Chetson has experience in both state and federal courts. He has represented people accused of everything from drunk driving and driving while impaired, to people accused of drug traffickingDrug trafficking is the possession, sale, or distribution of larger quantities of certain controlled substances. In North Carolina, all drug trafficking laws have mandatory minimum sentences. and rape. He has also resolved many embezzlement cases before they reach the charging and arrest stage by negotiation resolutions with employers to avoid arrest.

The Wake County Court HouseThe Wake County Courthouse is located at 316 Fayetteville Street, Raleigh, NC 27601. Parking is available on the street or in nearby parking garages. is located on S. Fayetteville Street, between Martin and Davie streets in downtown Raleigh.

Here is a link to the courthouse webpage.

The assistant district attorneys have wide discretion on whether to offer or accept a request for a deferral program. Here’s how it works: the defendant agrees to do something (usually pay back money to the victim, or participate in parenting classes, or complete an alcohol or drug treatment program) and in exchange the District AttorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. agrees to dismiss the criminal charges against the defendant.

The charges only get dismissedA dismissal may occur upon a motion by a party, or by the prosecutor. A voluntary dismissal is a true dismissal where the charges are no longer pending. A dismissal with leave, also known as a VL, is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date. once the money has been paid back or the defendant has successfully completed the classes.  That means that the defendant needs to come back to court at a later date with proof that he has done what he was supposed to do.

But the result can be very good for the defendant.  Charges are dismissedA dismissal may occur upon a motion by a party, or by the prosecutor. A voluntary dismissal is a true dismissal where the charges are no longer pending. A dismissal with leave, also known as a VL, is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date., and nothing goes on his record.

The only downside is if the person does not do what he said he would do. If the person does not do what he said he would do by the next court date, he will be convictedA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a 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. - of guilt. of the offense.

If you want more information about a Raleigh, Apex, or Cary criminal lawyer who can represent you in Wake County’s Courts or arrange a deferral for you, call (919) 352-9411 before 10 pm on Weekdays, Weekends or on Holidays.  Or email at info@chetson.com.

In 1978, a retired Iowa police officer was killed while working as an off-duty security guard. Prosecutors in Iowa, working with police, manufactured evidence against the two main suspects. Both were convictedA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a 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. - of guilt. of murder and sentenced to life without parole, but a subsequent investigation in the 1990s revealed the misconduct.

The Iowa Supreme Court set aside both convictions in 2003, after the men had served 25 years for crimes they did not commit. In an attempt to get something for being wrongly convictedA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a 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. - of guilt. and suffering 25 years in jail, they attempted to sue the prosecutors, alleging willful misconduct.

In a 1976 case the Supreme Court seemed to create absolute immunity for prosecutors, even those who engage in willful misconduct. The prosecutors in this case claim that government prosecutors, in effect, have the ability to lie, coerce witnesses, and make up testimony, without facing any civil liability for their actions.

If the Supreme Court buys this argument it would severely limit the remedies available to wrongfully convictedA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a 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. - of guilt. individuals.

North Carolina has had its own experience with wrongful or allegedly wrongful convictions. Darryl Hunt spent 19 years in jail for a crime he did not commit.

In another case, a three judge panel in Wake County will review Greg Taylor’s convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a 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. - of guilt. for murder in 1993. In that case, another man – Craig Taylor – has confessed to the crime. No prosecutorial misconduct has been alleged in this case.