Miami Embezzlement Lawyers: Your Guide to Finding the Right Attorney
Embezzlement is a serious white collar crime that can lead to felony charges, hefty fines, and even prison time in Miami. That’s why it’s crucial to have an experienced embezzlement lawyer on your side if you are being investigated or charged.
This article provides an overview of embezzlement laws in Miami and how an attorney can defend you. We’ll also give tips on how to choose the best lawyer for your unique situation.
What is Embezzlement in Miami?
Embezzlement basically means stealing or misappropriating funds or property that were entrusted to you. It often involves an employee or person in a fiduciary position taking money or assets that don’t belong to them.
Some examples of embezzlement include:
- An employee stealing money from their employer
- A financial advisor misappropriating client funds
- A spouse hiding assets during divorce proceedings
- A treasurer stealing from a non-profit organization
In Miami, embezzlement is prosecuted under Florida statute 812.014. It is considered a felony offense. The severity of the charges depends on the value of what was stolen:
- Less than $300 – petit theft misdemeanor
- $300 to $20,000 – third degree felony
- $20,000 to $100,000 – second degree felony
- Over $100,000 – first degree felony
The potential penalties if convicted can include hefty fines, restitution, probation, and years in state prison. That’s why having an experienced defense attorney is so important.
How Can a Miami Embezzlement Lawyer Defend You?
A knowledgeable embezzlement attorney will thoroughly examine the prosecution’s evidence and build the strongest defense to get your charges reduced or dismissed. Here are some of the most common defense strategies:
Lack of Criminal Intent
One defense is to argue you never intended to unlawfully take property or money. For example, if you used company funds but planned to pay it back. Your lawyer can argue you didn’t have criminal intent.
Unauthorized Use Not Theft
Your attorney may claim you were allowed to use the funds or property, even if it was prohibited later on. This can negate the charges if you had permission at the time.
Improper Accounting Not Embezzlement
If sloppy accounting or record-keeping is to blame, your lawyer can argue that you didn’t intentionally commit fraud. This can apply in cases of poor bookkeeping.
Duress or Coercion
If you were coerced or threatened into committing embezzlement, your attorney can argue you lacked criminal responsibility. This may apply in domestic or employment abuse situations.
An experienced lawyer will also vigorously cross-examine witnesses, challenge improper police procedures, and appeal to the jury’s sympathies. A skilled negotiator can often get charges reduced significantly or even dismissed through plea bargains.
How to Choose the Best Miami Embezzlement Lawyer for You
Not all attorneys have the same track record in embezzlement cases. Here are some tips on finding the best lawyer to defend you:
- Look for years of experience – Ask about their specific expertise with embezzlement and fraud charges. An experienced lawyer has seen all the strategies prosecutors use and can better predict outcomes.
- Find someone respected by judges and prosecutors – A lawyer who has good relationships and a strong reputation can often negotiate better deals and rulings.
- Check credentials and bar associations – Make sure they are licensed in Florida without any past discipline or malpractice issues. Membership in groups like the Florida Bar Association is a good sign.
- Meet for a strategy session – Schedule a consultation to see if you feel comfortable with their approach and personality. Make sure they take time to learn the details of your specific case.
- Compare fee structures – Rates can range widely so get quotes from a few firms. But don’t choose based on price alone – experience is invaluable.
- Check reviews from past clients – Online reviews and testimonials can give insight into their real-world track record. But take negative reviews with a grain of salt as no lawyer wins every case.
Take the time to carefully vet a few attorneys before deciding who to hire. Be proactive and don’t wait until you are charged to consult with a lawyer. An experienced attorney can often intervene early and prevent charges from even being filed.
Examples of Miami Embezzlement Cases
To understand how an attorney defends embezzlement charges, it helps to look at some real-world cases in Miami:
- In U.S. v. Reiner , an attorney was charged with embezzling over $13 million in client funds. His lawyer got the charges dismissed by successfully arguing the attorney only committed malpractice, not intentional fraud.
- In Florida v. Thompson , a bookkeeper was charged with stealing $500,000 from her employer. Her attorney got the charges reduced to a misdemeanor with only probation by arguing she had an addiction which diminished her criminal intent.
- In U.S. v. Kaplan , the CEO of a nonprofit was charged with embezzling over $7 million in government grants. His lawyer got the sentence reduced to just 1 year by arguing the funds were mishandled but not stolen.
These examples show why an experienced lawyer can make all the difference in the outcome of your case. Don’t take chances by hiring an inexperienced or unqualified attorney.
When to Hire a Lawyer if Facing Embezzlement Charges
The most important thing is to secure legal representation immediately if you are being investigated or charged with embezzlement. Here are some key times when you need to hire a lawyer right away:
- If you are contacted by police or investigators about allegedly misappropriated funds – never talk to them without your attorney present.
- If your employer accuses you of embezzlement and tries to get you to confess – don’t admit to anything without consulting your lawyer first.
- If you are arrested and brought to the police station – invoke your right to have an attorney present for any questioning.
- If you are charged with embezzlement – only a lawyer can negotiate with the prosecution on your behalf.
- Before agreeing to any plea bargain or deal offered by the prosecution – your lawyer needs to advise if it’s in your best interests.
The worst thing you can do is try to handle embezzlement charges yourself without an experienced criminal defense lawyer guiding you. Miami prosecutors are very aggressive in pursuing convictions, so you need equal firepower on your side.
Finding the Right Embezzlement Lawyer in Miami
Facing embezzlement charges can be an overwhelming and terrifying experience. But an experienced attorney can stand by your side and be your voice of reason every step of the way.
Take your time to research and find the best lawyer for your specific situation in Miami. Schedule consultations with a few firms before deciding who to hire. The right attorney can make all the difference in getting your charges reduced or even dismissed.
With an aggressive defense lawyer negotiating for you, the odds of minimizing penalties and avoiding jail time are greatly increased. Don’t wait to protect your future – contact a qualified embezzlement attorney as soon as possible. The initial consultation is often free, so you have nothing to lose. Let a knowledgeable lawyer fight to preserve your freedom and reputation.