Embezzlement Attorney Michigan
Michigan Embezzlement Crimes
If you've been charged with a Michigan Embezzlement for the very first time, this doesn't make you a criminal or a bad person. I see clients on a daily basis who have have never been arrested or even accused or doing something wrong. It's quite common that a good person will get themselves in a bad situation, which results in being charged with a Michigan Embezzlement.
Michigan embezzlement is a serious crime with implications that could affect your ability to gain future employment. The crime of embezzlement involves you as an agent or servant or in a position of trust by a principal actor.
In order to be found guilty of this offense, the prosecution must prove:
- There was money or property stolen, which belonged to the principal
- You had a relationship of trust with the principal as an agent or employee
- You obtained possession or control of the money or property because of that relationship
- You dishonestly disposed of or converted the money or property to your own use or secreted the money with intent to convert it to your own use without consent of the principal
- At the time of the conversion, you intended to defraud or cheat the principal
The penalty for Michigan embezzlement varies depending upon the value of the money or property. The value is based on “fair market value” and it ranges from $1000-$20,000, $200-$1000 and some amount under $200. Embezzlement over $1,000 is a felony in the State of Michigan.
The crime of embezzlement in Michigan is different than larceny, and other property crimes, because of the “trust” relationship, meaning you legally possessed the money or property, but violated that trust by going beyond the trust granted.
It’s common for an employee of a company to be charged with this offense, because that employee was in possession of the company’s money or property as an employee, but did something to go outside of this trust.
A common case is the employee working the cash register and manipulating the transactions or outright stealing money from the cash register for their own financial gain. It may be possible for your attorney to work on a plea agreement with the prosecution that may have you pay the money back to the employer and agree to never return again in exchange for a plea to a lesser offense.
I've worked with many clients charged with this serious crime, and I have been able to work out deals where my client's charges are dismissed, and have no criminal conviction from their original charges.
We can apply The New Rules of Criminal Defense by making a decision to compete in a strategic manner, and acknowledge that embezzlement is a serious allegation and charge in Michigan. We need to adopt a growth mindset and get out of the box.
When someone is charged with a felony such as embezzlement, the first thought is, how does this impact me? What will happen to your job, family, life? Stop playing the victim; this is not how to best approach a serious felony. We need to acknowledge what happened, and make a decision to grow from this rather than sulk and feel bad for ourselves.
To achieve the best outcome for an embezzlement case in Michigan, it means the best outcome both inside and outside the courtroom. It means changing the culture of your case and adopting core values to bring real change. Real change is not easy, and it requires intense stakeholder mapping, especially to the victim in the case.
How can we make things right for them, but also work toward the best long-term outcome for you? Do not be tempted to turn this into you vs them; if you stole, you stole, own it, and move forward with a plan. The prosecutor and judge are going to come down harder on someone isn't willing to acknowledge lapse in judgment.
For embezzlement cases there may be inconsistences or numbers don't add up; those can be fixed and negotiated, but you have a choice if you want to be proactive; to apply the time value of money, and creation of a balance sheet, we can create measurable results to help us re-brand the case.
This requires a unique client value chain for embezzlement cases; a mix of retribution and lesson learning.