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Charged with Embezzlement in Livingston County - Howell - Brighton - Hartland - Greek Oak Township

7/7/2023

 
​Being charged with embezzlement for the first time in Michigan, specifically Livingston County doesn't automatically classify you as a criminal or an inherently bad individual. On a daily basis, individuals who have never previously faced arrest or accusations find themselves entangled in unfortunate situations that result in such charges.

Embezzlement in Livingston County is a serious offense, often affecting individuals' future employment opportunities. This crime involves someone in a position of trust— an agent or employee— taking money or property that belongs to their employer or principal.

Understanding Embezzlement Charges
To be found guilty of embezzlement in Michigan, the prosecution must establish several facts beyond a reasonable doubt:

Money or property belonging to the principal was stolen.
The defendant had a relationship of trust with the principal as an agent or employee.
The defendant obtained possession or control of the money or property because of this relationship.
The defendant dishonestly disposed of or converted the money or property to their use without the principal's consent.
At the time of conversion, the defendant intended to defraud or cheat the principal.
Penalties for embezzlement in Michigan vary depending on the value of the money or property involved, which is based on the "fair market value". Embezzlement over $1,000 is classified as a felony in the State of Michigan.

Embezzlement vs. Other Property Crimes
Embezzlement differs from larceny and other property crimes because of the element of "trust". In embezzlement cases, the defendant legally possessed the money or property but violated that trust by exceeding the authority granted to them.

Often, company employees face such charges because they were in possession of the company’s assets and violated their position's trust. An everyday scenario involves an employee working at the cash register manipulating transactions or outright pilfering money for their personal financial gain.

Navigating The Legal Terrain
Experienced attorneys can potentially negotiate plea agreements with the prosecution, which may involve restitution to the employer and an agreement not to return in exchange for a plea to a lesser offense. With legal assistance, some defendants even manage to have their charges dismissed entirely, leaving them without a criminal conviction.

Shifting Perspective and Moving Forward
When faced with a serious felony like embezzlement, it's easy to slip into a victim mindset, fretting about the potential impact on your job, family, and life. But this is not the most constructive approach to such a serious predicament.

It's essential to acknowledge the situation and decide to grow from it rather than succumb to despair and self-pity. The best outcomes in embezzlement cases in Michigan are achieved both inside and outside the courtroom by embracing real change. This entails adjusting the narrative of your case, adopting core values, and involving key stakeholders, particularly the victim.

This approach is not about them vs you. If a theft occurred, take responsibility for it and devise a forward-looking plan. Prosecutors and judges tend to be more stringent with individuals who are unwilling to admit a lapse in judgment.

Even if there are inconsistencies in your case, or if the numbers don't quite add up, these issues can be addressed and negotiated. The proactive application of financial principles, like the time value of money and the creation of a balance sheet, can help rebrand the case and yield measurable results.

Successfully handling embezzlement charges requires a unique client value chain: a combination of restitution and learning from the experience. A commitment to personal growth and proactive restitution efforts can go a long way in shaping the outcomes of embezzlement cases in Michigan.

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