Most of us will go through life without ever committing any offense which could be considered as criminal. But there are those who, guilty or innocent, find themselves facing criminal charges and the prospect of going to court to defend themselves. In these circumstances, those facing criminal prosecution in Virginia would do well to find themselves a reputable Virginia criminal lawyer as quickly as possible.
Anyone facing a criminal court case, whether they are innocent or guilty of the crime in question, needs to find themselves legal representation from a qualified Virginia criminal lawyer. Even though you do have the right to represent yourself, those who have tried to defend themselves in court usually fail at the first hurdle. Having a qualified lawyer at your side is the best way to put together a solid defense case which will win over the judge and jury in court.
The reality of the situation is that a Criminal Lawyers is necessary for those facing criminal charges. Criminal cases usually carry jail sentences so if you value your freedom then hiring a lawyer is a vital first step. However, your freedom will depend upon the lawyer you hire to represent you and their experience and ability to achieve the best outcome in your case. A good defense in court needs to be aggressive and well worked out, which is another reason why self-representation so often fails because many of us will fall short in these areas.
Criminal law is extremely complex and most of us would never be able to study this ourselves and build a solid defense case within the time between arrest and court. Only a qualified Virginia criminal lawyer will have the necessary experience to build your defense, manage the entire legal process and support and advise you along the way. The outcome of your case can to a certain degree, depend upon your lawyer and can make a big difference to your future.
The nature of the criminal charges against you can mean life changing implications. A guilty conviction on your record could mean you are unable to work in sectors such as education, social work and healthcare. There may also be a social stigma, where friends and neighbors decide they want nothing more to do with you and in a worse case scenario you could even have to move from your current home because of the strength of feeling against you from the local community.
If you are accused of any criminal offense you need to find good legal representation to defend you in court. Whether you are guilty or not, a good Virginia criminal lawyer can help to ensure the best possible outcome for you and the protection of your legal rights throughout.
Embezzlement Lawyers became a crime because thefts were occurring in which the elements of larceny could not be met because the thief had the right to possess the funds; thus, the prosecution could not prove the element of a “trespasser taking.” Meanwhile, proving embezzlement only requires showing either that the employee had possession of the goods or funds because of the employee’s position or that the employee had the authority to exercise substantial control over the goods or funds. Courts determine the question of substantial control by considering the employee’s job title, job description, and the practices of that particular company.
Since embezzlement is usually discovered by way of circumstantial evidence, an active approach by the employer is required to uncover the perpetrators of the crime. An investigation should be conducted quickly but subtly. Company officials should compile a list of employees who may have had the opportunity to commit the suspected embezzlement. These employees should be interviewed, more than once if necessary. The employer should try to recover as many records as possible to find accounting discrepancies or other evidence. If the crime appears to exist on a large scale, the employer may need to contact outside advisors – including attorneys, insurance agents, and investigative specialists – to assist with the inquiry.
If guilt can be assigned to one or more individuals, the employer will have to determine what action to take against them within the company. Termination is not out of the question if there is strong evidence indicating guilt. Conversion is an act that interferes with an owner’s right of possession to his or her property. For purposes of embezzlement, conversion involves an unauthorized assumption of the right of ownership over another’s property. It may, for example, occur when a person is entrusted with property for one purpose and uses it for another purpose without the consent of the owner. Generally, any type of conversion that occurs after a person obtains lawful possession of property is sufficient.
Embezzlement is a crime against ownership; that is, the owner’s right to control the disposition and use of the property. The conversion element requires a substantial interference with the true owner’s property rights (unlike larceny, where the slightest movement of the property when accompanied by the intent to deprive one of the possession of the property permanently is sufficient).Although a failure to return property is evidence of conversion, it does not necessarily constitute embezzlement-absent proof of criminal intent.