Evidence in Hampton Roads Conspiracy Cases
In some embezzlement cases, the prosecution may allege a conspiracy to commit embezzlement charge. These types of cases are slightly different than a traditional embezzlement offense. The prosecution’s evidence in Hampton Roads conspiracy cases generally does not need to show a person actually committed embezzlement but rather that they planned to do so. Someone facing an embezzlement conspiracy charge may benefit greatly from speaking with a skilled conspiracy lawyer. They could examine the factors that may have contributed to the allegation and help develop a comprehensive defense to refute the charge. Call and schedule an appointment to begin discussing potential legal strategies.
Elements of a Conspiracy Case
Typically, the prosecution must prove that there was an agreement to commit between at least one or two people to commit some sort of unlawful act. Additionally, there may need to be something else done in furtherance of that alleged conspiracy. In most cases, they also need to prove that any sort of entry into a conspiracy was done knowingly and intentionally. A person cannot unwittingly or accidentally conspire. Someone who is charged with conspiracy to commit embezzlement generally needs to know what they are doing and be conscious of their actions.
A conspiracy charge can result in significant legal penalties that may limit a person’s freedom and harm their livelihood. When such a charged is incurred, the charged individual should immediately contact a knowledgeable embezzlement attorney to discuss the evidence in Hampton Roads conspiracy cases.
Types of Evidence
In conspiracy cases, the prosecution uses a variety of evidence to demonstrate that a person has committed an offense. Many times, a witness statement could be submitted as a form of evidence. This could be the result of plea deals taken by other alleged conspirators to potentially gain leniency with the prosecution. Other times, during the course of their investigation, the prosecution may find and then attempt to use written statements that point to an embezzlement such as an email or text message. It is important to note that finding written statements can be rare, as most individuals alleged of an offense, like embezzlement, generally avoid making paper trails. Law enforcement and the prosecution may also form their case by using a wiretap which is often time-consuming and expensive. Additionally, they need to show a judge that they have probable cause to gain access to a person’s phone calls.
These types of communications commonly serve as proof of intent and could potentially allow the prosecution to argue aggressively in court. However, a detail-oriented conspiracy lawyer could dispute the prosecution’s evidence and work to demonstrate that the evidence was obtained unlawfully.
Co-Conspirator Hearsay Exception
While hearsay is typically inadmissible as a form of evidence, there is something called a co-conspirator hearsay exception. Generally, a person cannot testify that another person made an out of court statement as it would be regarded as hearsay. However, under this exception, a person could potentially testify that another conspirator made certain statements during the furtherance of an embezzlement conspiracy.
Analyzing Evidence of Hampton Roads Conspiracy Cases
If you were accused a conspiracy to commit embezzlement, consult with a seasoned conspiracy lawyer immediately. The collection of evidence in Hampton Roads conspiracy cases is not always clean cut. An attorney familiar with defending against such cases could assess the way law enforcement and the prosecution might have accessed the evidence and potentially dispute their methods. This could substantially change the outlook of your case in court. Call and arrange for an appointment to discuss legal solutions that may be effective for your case.