Michigan Criminal Defense Lawyer Blog

It wasn't that long ago that I wrote a 2-part article about the increasing number of Embezzlement cases that I am handling. As I noted in that article, the increase in my Practice mirrors a larger trend beyond the doors of my Office. I can only surmise that these tough economic times have driven people to engage in behavior that they would not otherwise even consider.

Having dealt with so many of these cases recently, I thought we'd examine them from an emotional, and real-world point of view, rather than just hold Embezzlement charges up for yet another legal analysis.

The majority of Embezzlement cases I see involve women being charged. That's not to say that men are a distinct minority, but in almost every other kind of charge, the ratio of men charged, as opposed to women, is pretty high. Men commit more crimes than women. Embezzlement cases flip that on its head.

The amount of money taken (or lost, as in the case of those who take or otherwise handle property), by the time the case is brought, is usually quite high. I haven't seen more than one Embezzlement case involving less than $20,000 in a long time, and many involve amounts in the hundreds of thousands of dollars. In the smaller case I just mentioned, a male Client had pilfered a few pairs of jeans and some tools from his employer, a large retail company. He didn't realize that he had been observed on camera. His case was worked out so that he avoided getting a Criminal Record.

Most of these cases begin with a call from a Police Detective, or and investigating Police Officer. This is usually when I get called. Often, the person is somewhat conflicted about just getting this off their chest and hoping that it can somehow go away. They need direction, even if they already know any Lawyer worth a nickel is going to tell them not to say anything.

At this point, the Police almost always already have the information they need to bring the charge, anyway. The "charging" document is called a "Warrant." If they didn't have enough information to get a Warrant, then it would, of course, make little sense to go in and give them the missing piece or pieces needed to bring a case. This is why I always advise anyone to contact a Lawyer BEFORE they go to the Police Station, or make any kind of statement.

Continue reading "Facing Embezzlement Charges in Michigan and Dealing With the Emotional Implications" »

In part 1 of the article, we began our examination of Embezzlement cases. We looked at a few typical scenarios that usually precede, if not announce the coming of an Embezzlement charge, and some of the emotional and psychological elements that are typically present.

In this 2nd part, we'll pick up by reviewing some of the more, practical, real-life legal considerations and steps one can expect as an Embezzlement case proceeds through the Court system.

Most Embezzlement cases are Felonies. If they weren't already scared enough, when the person hears about the potential to go to Prison for a certain number of years, they freak out. For whatever reason, the vast majority of Embezzlement cases I see involve amounts of money well over $10,000, and many involve amounts involving hundreds of thousands of dollars.

When they think about someone who steals a wallet stuffed with hundreds of dollars being thrown in Jail, a person facing an Embezzlement charge, where the amounts involved are umpteen times higher, rather naturally wonders they're prison-bound.

Then I'm hired, and the first thing I tell the Client is that there won't be any Prison. Most of the time, these cases can be worked out with no Jail. This, I explain, is what you're paying for.

As with all Felonies, Embezzlement cases follow a certain protocol. There is an Arraignment, a Preliminary Examination, a Circuit Court Arraignment and First Conference, followed by a Pre-Trial conference. Sometimes, multiple Pre-Trial conferences are held.

Eventually, unless there is some way to beat the case, a Plea-bargain is produced. This will have several benefits to the Client beyond just sounding good. A reduced charge can change the Sentencing outcome, and can be largely responsible for avoiding any kind of Jail. Beyond that, it does, to some extent, soften the impact to the person's Criminal Record.

Continue reading "Facing an Embezzlement Charge in Macomb, Oakland or Wayne County - Part 2" »

Recently, in my Criminal Practice, I have noticed a fairly significant increase in the number of Embezzlement cases for which I am hired. Most often, when I Represent someone facing an Embezzlement charge, I come to find that they are deeply remorseful for what's happened, but often felt like they fell into some kind of trap. This article will examine the "what's what" of an Embezzlement charge.

Most of these cases begin with a phone call. Usually, a person will be contacted either by a Police Detective, or a Loss Prevention Officer from the Company involved. When Loss Prevention calls, they usually schedule an appointment for the person (most often an employee) to come in and talk. When a Police Detective calls, he or she will typically ask the person to come in a give "their side" of the story. Sometimes, however, they will be a bit more forceful, and indicate that if the person does not come in, they will get a Warrant.

Often, but not always, I'll be contacted by someone before they call the Police Detective back. They're afraid, they have a good idea why they're being called, and the thought of going into an interview room in the Police Station doesn't sound too inviting. Yet, they wonder, is there a way that I might still be able to avoid a charge? What if I just keep quiet, and don't say anything? Maybe they need me to admit to something to build their case.

While I understand that, at least in theory, there is probably an exception out there, in my 20+ years of Practicing Law, I have never known a Detective to call someone when they didn't already have enough information to get a Warrant (remember, a Warrant is based upon "probable cause") charging the subject with the crime. The reason they call is to simply "wrap up" the loose ends of the case, which essentially means get a confession. The kind of Warrant we're talking about here is an Arrest Warrant, meaning that the Police are directed to apprehend a person and bring them to Court to face the charge or charges.

When I'm contacted by someone wanting to know what to do next, I will usually call the Detective myself. My job, of course, is to protect the Client. Still, in the 20+ years I've been doing this, I've never spoken with a Detective who didn't have enough information to get a Warrant. Thus, I inform them that my Client won't be coming in to say anything about the case, but I'm also very diplomatic in telling them that, once they get the Warrant, I'll present the Client for processing. This means being booked and printed, as well as being Arraigned by a Judge or Magistrate. The whole goal of this is to make sure the Client will be Arraigned and released upon either a Personal (meaning they need no money) Bond, or get one that they can post right away. This is most often done through my dealings with the Detective, and the establishing of a good relationship with him or her.

In other words, all that unpleasant and scary stuff is pre-arranged, and the person doesn't have to worry about being stuck in Jail and making friends with their new cellmate.

Continue reading "Facing an Embezzlement Charge in Macomb, Oakland or Wayne County - Part 1" »

Most often, it goes like this: My office receives a call from someone who has been contacted by the Police (usually, a Detective) who wants to talk to them about an embezzlement case. In almost all of the cases, the person used to work for the person or company that went to the Police. The person calling my office is scared, and doesn't want to say anything that will make matters worse. It is not uncommon for the caller to have been told by the Police that if they do not give "their side" of the story, the Police will get a Warrant.

The caller wants to come in and is willing to pay whatever the cost in order to get some sound Legal advice.

And then I surprise them by telling them that the best advice is so simple, it would be a crime in itself to charge them for it: Just shut up.

In another article on this Blog, I explained what to do (and, more importantly, what NOT to do) when a Police Detective calls. As explained in detail there, in almost every case I've ever seen, by the time the Police call, they already have enough evidence to go ahead and get a Warrant charging the person with a crime. In that sense, the Police are being completely (and maybe too) honest. Think about the message the Police either leave or pass on: If you don't call, we'll get a Warrant. In order to do that, they need to establish "Probable Cause" to the Judge, and they're already indicating that they have it.

Therefore, about the only thing a person can say that would help out is something to the effect of "that wasn't me - I was living in Arizona during that whole time period, never was here in Michigan, and I can prove it." Anything other than that is just another nail in their coffin.

My advice in those cases is always to be polite and cooperative - return the call, and tell the Police you'll come in to be processed (meaning "booked" and "Arraigned"), but don't want to say anything or answer any questions. I tell the caller they can tell the Police they are "exercising their 5th amendment right against self-incrimination on the advice of Counsel." You've at least seen that one on TV, or in the movies, right?

Continue reading "Embezzlement Crimes in Michigan - Macomb, Oakland and Wayne County Cases" »