Evidence in Virginia Beach Embezzlement Cases 

Embezzlement cases can be complicated because of the nuance and intricacy involved in embezzlement laws. Proving embezzlement can be even more difficult, especially because of the need to prove the intent to embezzle. That is why evidence in Virginia Beach embezzlement cases is so important. The prosecution will try to use and interpret all of the evidence at their disposal to prove that an individual has intentionally embezzled funds.  If you face embezzlement charges in Virginia Beach, it is important to contact an attorney that will be equally diligent in examining the evidence and using that evidence to build your case.

Elements Prosecution Must Prove

Prosecutors need evidence in Virginia Beach embezzlement cases to prove that there was a taking of money, that the person who took the money, had permission to take the money, but not for the way it was used. Essentially the prosecutor must prove that the funds were intentionally misappropriated and it was not just accidentally deposited into the wrong bank account. The prosecution must prove that this person meant to take that money and use it in a manner contrary to what they were told to do with it.

If they have deposit slips from the bank, bank statements showing how much money was in an account, and how much money was supposed to be there. A person needs to have credit card receipt or receipts showing how money was spent. Often in a trust relationship or a guardianship relationship, there may be a copy of an agreement which states how this person is to spend the money and how they are supposed to act.

If there is footage of somebody taking money out of a register at a convenience store; a videotape of somebody taking money and slipping it in their pocket; or they are supposed to deposit money into the safe and instead they put it somewhere else so they can get it later; that is the kind of evidence that is needed.

Proving Intent

The prosecution must always show intent in embezzlement cases. The best way the prosecution can show intent is if there are multiple embezzlement cases, not one time events, that have been going on for a long time; or that the person has a certain scheme of how it works and the easiest way to show that something was not just accidentally deposited in the wrong account; it keeps happening because it is hard to make the same mistake 15 to 20 times and it still call it a mistake.

Evidence Building a Defense

The evidence in Virginia Beach embezzlement cases is equally important when trying to develop the defense. Depending on the type of case, for instance, someone taking money from a trust account, the experienced defense attorney would want as much documentation as they can get about the deposits that have been made into that account over a certain period of time that the person has been claimed to have been embezzling.

The lawyer wants to try to get the best accounting of the money as possible, especially if the person’s defense is that they did nothing wrong. The defense needs to show that the defendant put the money where it was supposed to go and never used it for his own purposes.

If there was a written agreement between the defendant and the other person and the defendant has that written agreement that shows what they were supposed to do with money; how they were to be paid; from what account they were paid; so that defendant can show that they did everything they were supposed to do pursuant to the agreement. Whatever is going wrong, is not on their end.

Importance of an Attorney

Individuals should contact an embezzlement attorney immediately after finding out that they are under suspicion. Acting quickly will ensure that their lawyer can begin to collect the necessary evidence.  By using evidence in Virginia Beach embezzlement cases a skilled defense attorney can disprove the prosecution’s allegations of intent. If you face Virginia Beach embezzlement charges, you should get in contact with a determined lawyer who can examine all of the evidence and use the most pertinent information to bolster your defense.