24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Fighting Embezzlement Charges in San Francisco

 

Fighting Embezzlement Charges in San Francisco

Being charged with embezzlement can be an incredibly stressful and frightening experience. As someone who’s been accused of taking money or property from your employer, you may feel overwhelmed and unsure of what to do next. The good news is that with the right legal strategy, these charges can often be beat. In this article, we’ll break down what you need to know about fighting embezzlement allegations in San Francisco.

What is Embezzlement?

First things first – let’s cover the basics. Embezzlement refers to the act of unlawfully taking money or property that’s been entrusted to you, typically by an employer. This could involve things like:

  • Taking cash from the company safe
  • Putting personal expenses on a company credit card
  • Writing checks to yourself from a company account
  • Transferring company funds to your personal bank account

Unlike theft, embezzlement involves a violation of trust. As an employee or someone else in a fiduciary role, you’re expected to handle funds or assets responsibly on the company’s behalf. When you misuse those funds for personal gain, that’s embezzlement.

These charges are taken very seriously in California. If convicted, you could face hefty fines, years behind bars, and a criminal record that damages your reputation and job prospects for years to come. But don’t panic – keep reading to learn about potential defenses.

Common Defenses Against Embezzlement

When building an embezzlement defense strategy, your attorney will likely consider arguments like:

You had permission

One of the simplest defenses is to argue that you had permission to use company funds in the way you did. For example, perhaps your boss verbally approved certain expenses or transfers, but you just don’t have written proof. While difficult to prove, if there’s any evidence suggesting you had authorization, this could poke holes in the prosecution’s case.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

There was no intent

Embezzlement requires prosecutors to prove you knowingly and intentionally misused entrusted funds. If it was an honest mistake – like transferring money to the wrong account – you may be able to avoid charges by demonstrating there was no criminal intent.

The amounts are inflated

Another common defense strategy involves contesting the dollar amounts in question. Prosecutors often inflate the total losses from embezzlement – if your attorney can prove the actual amounts were lower, it could help secure a better outcome.

You had no fiduciary duty

Embezzlement hinges on violations of fiduciary duty. This legal obligation refers to faithfully managing money or property on another party’s behalf. If you can successfully argue you didn’t actually have fiduciary responsibilities, it could defeat the charges.

Other Factors That Influence Embezzlement Cases

Beyond possible defenses, several other factors come into play that can impact the outcome of an embezzlement case. These include:

Your criminal history

If you have a clean record, prosecutors may be more inclined to agree to a plea deal allowing you to avoid jail time. But if you have prior convictions, especially for crimes like fraud or theft, they’ll likely pursue harsher punishment.

Evidence against you

The strength of the prosecution’s evidence is key. Things like bank records, emails, financial statements and witness testimony can all prove embezzlement. If the evidence is lacking, your charges may potentially get dismissed.

Your cooperation

Admitting fault and expressing remorse can go a long way, while denying allegations and shifting blame typically backfires. Cooperating with prosecutors shows accountability and good faith.

Restitution

Offering to repay all funds in question – called restitution – can also help secure a better plea deal and avoid jail time. This demonstrates willingness to make things right.

Finding the Right Embezzlement Lawyer in San Francisco

Fighting embezzlement allegations requires an experienced defense attorney on your side. When choosing a lawyer, look for these important qualifications:

  • Extensive knowledge of California embezzlement laws – someone who understands the complex legal nuances involved.
  • A proven track record getting embezzlement charges reduced or dismissed.
  • Skill negotiating with prosecutors to secure favorable plea bargains.
  • Strong investigative skills to meticulously examine evidence.
  • Experience arguing common embezzlement defenses in court.

It’s also wise to choose an attorney who makes you feel comfortable and gives your case ample individual attention. Embezzlement charges shouldn’t be taken lightly – but the right lawyer can help ensure the truth prevails.

What to Expect in an Embezzlement Case

If you’ve been charged with embezzlement in San Francisco, here’s a quick overview of what to expect in the legal process:

Arrest and booking

If police have strong enough evidence, they may arrest you and book you into jail. You’ll be fingerprinted, photographed and held until bail is posted.

Hiring a defense lawyer

Your first call should be to an experienced embezzlement attorney who can start crafting your defense strategy right away.

Review of prosecution’s evidence

Your lawyer will thoroughly examine all the evidence gathered by police and prosecutors. This could include financial records, surveillance footage, witness statements and more.

Plea negotiations

Many embezzlement cases end in a plea bargain rather than going to trial. Your attorney will negotiate for dismissal of charges or reduced penalties.

Trial

If no plea deal is reached, your case will go before a judge or jury at trial. Your lawyer will argue against the allegations and aim to create reasonable doubt.

Sentencing

If found guilty, the judge will impose penalties like fines, probation, restitution payments and possibly jail time.

Appeals

If you’re convicted, your lawyer may advise appealing to a higher court to overturn the verdict.

Don’t Go It Alone – Consult a Lawyer Today

Dealing with embezzlement charges is daunting. But with an experienced criminal defense attorney guiding you through the process, there are often ways to achieve the best possible outcome – whether that’s getting charges reduced or dismissed, avoiding jail time, or minimizing penalties. Don’t leave your fate to chance – schedule a consultation with a lawyer right away.

 

Schedule Your Consultation Now