While receiving an accusation for federal embezzlement can be a daunting situation, know that you do not have to face it alone. A professional criminal attorney with experience in building a Virginia federal embezzlement defense could offer you their assistance by gathering evidence, interviewing key witnesses, and guiding you through the process so that you know what to expect in court. Read on to learn more about what goes into building a federal embezzlement defense, as well as the ways a dedicated attorney could make a difference in your case.
The crime of embezzlement consists of several elements. First, there must be a trust relationship or a financial relationship between the accused defendant and the individual whose property was allegedly embezzled. Then, depending on the statute, the property at issue must be within that statute. For example, if a government vehicle is embezzled, the prosecutor must verify that it is the type of vehicle that falls within the statute. In addition, there must be an element of fraud involved. The final element is that the defendant acted with the intent to deprive the owner of the property.
To bring a charge of embezzlement, the prosecutor must show probable cause that there was intent to deprive the owner of their property. Evidence that the prosecution might use to prove these elements could include emails, text messages, and recorded phone calls. Embezzlement cases are paper cases, meaning that they rely on account information showing where the money was and where it went. When physical property is embezzled, the prosecutor must show where the property went. Reach out to a skilled defense lawyer to learn more.
When building a Virginia federal embezzlement defense, the case’s evidence is a significant factor. Evidence to compile in a federal embezzlement defense case should be to the extent of the defense as necessary. The constitution does not require the charged defendant to put on a defense. When a witness is brought by the government, they testify on direct examination and then the defense has a chance to cross-examine. Cross-examination is a thorough and powerful tool that can show what an individual’s defense is without ever having to put on their own affirmative defense by calling their own witnesses. The defense case in an embezzlement trial could consist of introducing documents, calling witnesses, and sometimes calling the respondent as a witness.
Multiple defenses can be employed by a federal embezzlement attorney. When using the defense that the defendant did not carry out any embezzlement, the real question is whether the individual violated the particular statute they are charged with. This frequently occurs in federal cases because they tend to be more exhaustively investigated than non-federal cases. Because these cases can be complicated, it can be valuable to have a lawyer experienced in building a Virginia federal embezzlement defense on your side. Reach out to a professional attorney today for your initial consultation.