Being accused of embezzlement can be a devastating experience, both personally and professionally. The stigma of a white-collar crime can ruin your reputation and leave you feeling embarrassed, anxious, and unsure of what the future holds.
However, it’s essential to remember that an accusation is not the same as a conviction. Depending on the specific circumstances of your charges, there are defenses that can have a tremendous impact on the outcome of your case.
Lack of intent
Under Washington state laws, embezzlement requires intent to defraud, so one possible defense is to argue that you did not intend to commit embezzlement. This means you didn’t knowingly or willingly take the assets.
For example, if you mistakenly transferred funds due to a clerical error, this could demonstrate a lack of intent. Your attorney can help gather evidence to support this claim.
Evidence failures
Sometimes, the evidence against you is weak or was obtained illegally. Evidence failures could be due to improper search warrants, chain of custody issues or a lack of solid proof. For instance, if police searched your office without a valid warrant, any evidence they found might be inadmissible in court.
If the prosecution’s evidence is flawed, your attorney can challenge it. Doing so can weaken their case or even get the charges dropped.
Procedural missteps
Procedural violations can also be a powerful defense against embezzlement charges. This might include arguing that police violated your rights during the investigation or that the prosecution failed to follow proper procedures. For example, if you were not read your Miranda rights during an interrogation, any statements you made may be inadmissible.
What about mitigating factors?
Mitigating factors can influence the court’s decision. These factors might not absolve you of charges, but they can lead to reduced penalties. Some examples include:
- Substance abuse problems
- Mental health issues
- Playing a minor role in the alleged activities
Discussing these factors with your attorney can help present a more complete picture of your situation.
Your rights matter
Facing embezzlement charges can be overwhelming. But remember, an accusation is not a conviction. Exercising your right to defend yourself with the help of an attorney can help you protect yourself and your future.
Please note that the general information we provide should never be considered legal advice.