Michigan Embezzlement Lawyer

Michigan Embezzlement Attorney

If you’re facing embezzlement charges in Michigan, it’s critical to know what steps to take next to protect yourself. Fortunately, you don’t have to face these charges on your own. The Michigan embezzlement lawyers at Jeffrey Randa and Associates have over three decades of experience navigating criminal cases in Michigan.

Our experience includes a heavy emphasis on white-collar crimes – like embezzlement. You can count on us to deliver an intelligent legal strategy to produce the best result in your case. From our first conversation to representing you in court – and every task in between – you can count on our experienced team to be there for you.

About Embezzlement in Michigan

Embezzlement involves the misappropriation of finances, property, or other assets by a party that is typically in a fiduciary relationship (position of trust) with the victim. The perpetrator converts (takes) assets for personal gain without telling his or her other colleagues, employees, or stakeholders.

Essentially, it’s a kind of “quiet” stealing.

For example, just in the financial services and insurance industries alone, a total of 3,789 fraud reports were received in a one-year period by the Michigan Department of Insurance and Financial Services (DIFS) Fraud Investigation Unit (FIU). These reports typically come from:

• Consumer victims
• Financial service companies
• General public
• Insurance companies
• Law enforcement agencies
• Other governmental agencies

That is just a single, small sliver of fraudulent activities reported in Michigan. Loads more cases involve employees taking goods or money, either directly, or indirectly, like by using a company credit card or expense account for personal reasons.

Embezzlement is a serious crime. It’s critical that your lawyer knows how to navigate the legal system in order to protect you from these charges. A Michigan embezzlement lawyer can protect you, even when the case is strong and the evidence against you beyond dispute.

Navigating Embezzlement Charges in Michigan

If you’re navigating an embezzlement charge in Michigan, you can expect your case to start through the District Court in the city where the offense allegedly occurred.

In Detroit, for example, the 36th District Court of Detroit typically handles the initial stages of all felony cases (and all stages of misdemeanor cases), while the Third Circuit Court of Michigan handles the final stages of all felony embezzlement cases.

The punishment for embezzlement in Michigan varies depending on the details of the case. Ultimately, the amount allegedly embezzled (we’ll come back to this shortly) determines the severity of the charges. Here are some common embezzlement charges in Michigan:

• Less than $200 in value is a misdemeanor punishable by 93 days maximum in prison and/or up to $500 in fines.
• More than $200 and less than $1,000 in value is a misdemeanor punishable by one year maximum in prison and/or up to $2,000 in fines.
• More than $1,000 and less than $20,000 in value is a felony punishable by five years maximum in prison and/or up to $10,000 in fines.
• More than $20,000 and less than $50,000 in value is a felony punishable by 10 years maximum in prison and/or up to $15,000 in fines.
• More than $50,000 and less than $100,000 in value is a felony punishable by 15 years maximum in prison and/or up to $25,000 in fines.
• More than $100,000 in value is a felony punishable by 20 years maximum in prison and/or up to $50,000 in fines.

Embezzlement is About Money

It is not uncommon for the amount claimed by the victim to exceed what was actually taken. In many cases, the amount as issue is in the thousands, tens of thousands or even hundreds of thousands of dollars.

At that point, many victims aren’t going to worry about “over-estimating” how much they’ve lost to theft from an employee or agent.

Plenty of times, my team and I have seen a “kitchen sink” mentality when the victim is asked to account for the total loss amount. Everything, including the proverbial “kitchen sink,” is included. Our job, of course, is to go through all of that in detail to defend our client from being on the hook to repay any amounts he or she didn’t actually take.

When determining the fines for embezzlement charges, Michigan law sets a maximum threshold for each level of charge as listed above. Your fines are always secondary, however, because the court’s first concern is to get the victim repaid as much (and as quickly) as possible.

Avoiding Jail for Embezzlement in Michigan

Above and beyond everything else, the first concern for anyone facing an embezzlement (or any criminal) charge is NOT getting locked up. All the legal and technical stuff in the world doesn’t matter if you get sent to prison for five or ten years, or even if you wind up serving a few months in the county jail.

There is a lot that goes into protecting a client’s freedom, but in an embezzlement case, one of the most important parts of that is paying (or at least trying to pay) the victim back through restitution.

Of course, in some cases, complete repayment is just not possible, but any headway you can make toward “making things right” is helpful.  Here is an example loosely based on a real-world case we’ve handled:

Slippery Sam worked for a company in a role where he would pay expenses. He set up a company of his own that he positioned as a vendor for his employer, and issued checks to that phony company for invoices he fraudulently created. Eventually, he got found out, and he wound up charged with embezzling tens of thousands of dollars.

We got Sam to be proactive and quickly secure other employment. He listened, and put himself in a position to make at least some payments back to his employer by getting another job. He couldn’t pay everything back quickly, but he was allowed to remain free and therefore kept making monthly payments.

Even if a person can’t make a real dent in what they’ve taken, we have to show the court genuine remorse coupled with actions that demonstrate the person deserves a break. Always remember, success in an embezzlement (or any criminal) case is best measured by what does NOT happen to you.

And the most important part of that is NOT getting locked up.

FAQs

What Are the Penalties for an Embezzlement Charge in Michigan?

The punishment for embezzlement in Michigan can vary depending on the value of the money or property embezzled. Penalties can include anywhere from 93 days to 20 years in prison and fines that are equal to three times the amount embezzled. It’s helpful to work with a Michigan embezzlement lawyer to build a strong defense and hopefully reduce your charges while avoiding jail.

Is It Difficult to Beat an Embezzlement Charge in Michigan?

It is possible to have embezzlement charges dropped, but the truth is that doing so requires a lucky combination of factors. A Michigan embezzlement lawyer like one of our team can evaluate your situation and use their experience and knowledge of the law to build a strong defense for your case.

Some strong defenses against embezzlement in Michigan include coercion, duress, insufficient evidence, lack of intent, mistaken identity, and violation of constitutional rights. We can help you gather the necessary evidence and information to bolster your defense.

How Much Does It Cost to Work With a Michigan Embezzlement Lawyer?

The cost of working with a Michigan embezzlement lawyer varies, depending on the specific charge(s) against you. Criminal defense attorneys may charge a flat fee, an hourly rate, or a retainer depending on their fee structure.

At Jeffrey Randa and Associates, we are transparent about our prices, and work on a flat-fee basis, so you can rest assured you’re only paying for the services you need, and nothing more. Moreover, we offer a free consultation so we can get a better idea of your situation and give you an accurate quote.

Who Has the Burden of Proof in an Embezzlement Case in Michigan?

The prosecution has the burden of proof in an embezzlement case in Michigan. That means if you’re charged, it’s up to the prosecutor to prove, beyond a reasonable doubt, that you are guilty. Your goal is to build a defense that either invalidates their claims against you, or at least keeps you out of jail and protects your record. A Michigan embezzlement lawyer is trained in finding inconsistencies that establish doubt so you can avoid a conviction or at least secure the best outcome possible through plea and/or sentence negotiations.

Talk to a Michigan Embezzlement Lawyer About Your Case Today

Embezzlement charges always involve complex legal issues. The only way forward is with the help of a criminal defense lawyer who has experience and skill in handling these cases. The good news is you don’t have to go through this alone.

A Michigan embezzlement lawyer from Jeffrey Randa and Associates can guide you through every stage of your case so you’re never left in the dark and have the confidence that you’ll get the best outcome possible in your case.

If you’re ready to start building your defense with Michigan criminal defense attorney, make sure you reach out to our office and speak with someone from our team. We are very friendly people who will be glad to answer your questions and provide a free, confidential consultation over the phone, right when you call.