How to Find Information on the Embezzlement Trial Process. When an employee is suspected of embezzlement, an employer has many options as to how the situation can be handled, some of which involve legal consequences. Embezzlement is defined as the fraudulent appropriation of money or property from a company or organization by someone in a position of trust. It is considered a felony in most states if charges are filed. Learning about the trial process is important whether you are an employee being charged with embezzlement or the employer filing charges.
Know the Criminal Trial Process for Embezzlement
The first stage of a criminal trial for embezzlement is the arrest. You will be informed of the charges and taken into custody.
Arraignment follows arrest. You will appear in court so the state can officially charge you. At this point you can post bail, gain release on your own recognizance (meaning you promise to return for trial) or surrender to custody.
A preliminary hearing follows. The prosecuting attorney must disclose enough evidence to persuade a judge to hold you over for trial. Another arraignment on the substantiated charges follows.
Barring any plea bargains or settlements, the case will come to trial, and the prosecution must prove that the charges against you. A jury will decide whether the defendant is guilty or innocent.
Find Information on a Civil Embezzlement Trial Process
Speak to a lawyer who specializes in civil lawsuits to get details on what to expect in a civil trial. You can locate a lawyer through the FindLaw Web site (see Resources below).
Visit the Department of Justice Web site (see Resources below) to study information about the sequence of events for an embezzlement trial.
While anyone who loses a criminal case may have to pay fines in addition to serving jail time, the loser in a civil trial typically must pay the offended party a sum that may cover damages as well as legal fees. The judge will determine the exact amount, which may differ from the amount the plaintiff requested.
The defendant in an embezzlement trial has the right to examine all documents the prosecution plans to use as evidence against him or her. These include business records, email printouts, transcribed interviews with other employees, video surveillance footage and witness statements.