Have you been charged with fraud in California? There are numerous defense options to fight these charges. One of the factors that will determine what method we use to defend you will be the type of charge. Today we are going to use embezzlement as an example of five potential defense options. If you have questions, or you want to talk to a criminal defense attorney, we recommend you contact Law Offices of Patrick S. Aguirre at 800-572-1252 for a free legal consultation.
- There is not enough evidence
- Good faith
- The limitation period has passed
- Showing there was no fiduciary responsibility
In federal embezzlement cases, 40% of cases are eventually dropped due to insufficient evidence. In some cases, the prosecution will drop the charges because they know they do not meet the burden of proof. In other cases, you will need a defense attorney to argue the lack of evidence to the judge, who can then dismiss the case.
If you can show that you were acting in good faith (i.e. genuinely and honestly) and did not believe you were committing embezzlement, then you have a defense. We will work to create a compelling argument that shows exactly why and how you thought what you were doing was lawful. If the prosecution cannot prove intent then they have not proven their case.
If you did commit embezzlement, but only because someone was threatening or becoming violent to force you to do so, then the jury can choose to find you not guilty due to the duress. Note that this does not mean that if someone was simply pressuring you to commit the crime, that is not duress. Duress is also applicable if you needed to pay bills. Duress must involve direct threats or violence.
In the state of California, there are limits on how long the state has to file charges. Even if they have a strong case, if too much time has passed then the case must be dismissed. Note that this limitation period begins when the state discovered the embezzlement – not when the embezzlement actually took place.
In order for a person to be convicted specifically of embezzlement, they must have had some type of was not the case, then the charges may be dropped. If they are, then it is likely you will be charged with a different type of fraud. However, the consequences could be much lighter than they would be if you had been convicted of embezzlement.
The best option may be to negotiate a plea deal
While we will take your case to court if that is the best way forward, in some cases there may be a wealth of evidence. In this case, your best bet may be a plea deal. You can count on Law Offices of Patrick S. Aguirre to fight aggressively for the best possible plea deal. Call us at 800-572-1252 now for a free legal consultation.