Fort Lauderdale Embezzlement Lawyer

Fort Lauderdale Embezzlement Attorney

Being accused of embezzlement can have serious consequences for your personal and professional life. Even if the charges are dismissed or you secure an acquittal, permanent damage can be done to your professional image. A Fort Lauderdale embezzlement lawyer can help mitigate the negative effects of an embezzlement charge and use the facts of your case to build a strong defense.

Hire an Embezzlement Lawyer

An embezzlement conviction becomes part of your criminal record and can prevent you from securing meaningful employment in the future. When facing embezzlement charges, you need to hire an embezzlement lawyer with white collar crime experience. A Fort Lauderdale white collar crimes lawyer can help you navigate this difficult situation. At The Kirlew Law Firm, we strive to protect our clients’ rights and secure the most favorable outcome possible.

Florida Embezzlement Cases

Embezzlement is a type of theft that occurs when a person has lawful access to money or property through their employment or a relationship. When that person uses the money or property for their own benefit, with no intention of returning it to the proper owner. Generally, embezzlement occurs when a breach of trust is committed.

The United States Sentencing Commission tracks cases reported to the commission each year. During fiscal year 2024, a total of 5,015 theft, property destruction, and fraud cases were reported. Of those cases:

• 272 were sentenced in the Southern District of Florida
• Florida had the highest number of theft, property destruction, and fraud offenses in the nation
• 9.1% involved amounts less than $6,500
• 19.6% involved amounts over $1.5 million

If you are facing allegations of embezzlement in Fort Lauderdale, you need a skilled embezzlement attorney to represent your interests. Embezzlement cases are heard at the 17th Judicial Circuit Criminal Division for state charges, or the U.S. District Court for the Southern District of Florida for federal charges.

The Legal Process

The investigation process for an embezzlement case often occurs behind the scenes, long before charges are filed. Financial crimes often require lengthy investigation periods before it is clear if charges are warranted. Even then, clerical errors or faulty programming can make simple mistakes appear as intentional misrepresentations. It is always smart to have an experienced embezzlement attorney offer guidance throughout the process. Investigation steps include:

• Employer inquiries. Your first indication that something is wrong may be when your employer requests old records or asks for clarification on older accounts.
• Human resources involvement. If initial inquiries are unsatisfactory, a more formal review may be initiated to determine if any unlawful activities have occurred.
• Law enforcement involvement. If a formal review appears to show the misuse of funds or the inquiry fails to account for errors, local law enforcement or other regulatory agencies may be called in to examine the activity.
• Formal investigation. Law enforcement has more resources to investigate potential embezzlement claims and may conduct system-wide searches or conduct one-on-one interviews with employees.

It is natural to be fearful of how your past actions could be misidentified during a formal investigation. It may be difficult to explain your role within the company or the work that you perform. Having legal representation ensures there are no miscommunications during the investigation process.

Forensic accountants can review your files and help make sense of any errors that may be confusing. You also have the opportunity to formally explain any inconsistencies in your work. Instead of being pulled along in an investigation, you can slow down and prevent confusion from escalating into criminal charges.

FAQs

How Much Does an Embezzlement Lawyer Cost in Florida?

There is no standard cost for an embezzlement lawyer in Florida, but there are factors that can affect the overall cost. More complex cases cost more to defend. Cases that go to trial cost more overall than cases that are settled through negotiations or a plea agreement. Some attorneys may charge a flat fee to represent the case, while others charge based on an hourly rate. You may also be required to pay a retainer fee.

How Long Do You Go to Jail for Embezzlement in Florida?

How long you go to jail for embezzlement in Florida depends on the value of the alleged stolen items. Small amounts can result in a misdemeanor, while larger amounts can be charged as a first, second, or third-degree felony. Misdemeanors carry the shortest penalty of up to 60 days in jail, while felony charges could result in up to 5 to 30 years in prison.

Can Embezzlement Be Settled Out of Court?

Yes, it is possible to settle an embezzlement case out of court if formal charges have not been filed. If the victim is willing, a payment agreement can be reached. If the terms of the agreement are met, the charges are officially dropped. If the charges have been filed, there are still options for plea agreements, reduced charges, and alternative programs that could lead to a dismissal.

Is Embezzlement Hard to Prove?

Yes, embezzlement can be hard to prove because the prosecution has to prove several aspects of the crime that can be challenging in Fort Lauderdale, Florida. Prosecutors have to prove that there was a fiduciary duty, the fraud committed was intentional, and demonstrate proof of the conversion of the property. Financial records can be complicated and difficult to trace. Evidence is often circumstantial, making embezzlement difficult to prove beyond a reasonable doubt.

What Is the Statute of Limitations on Embezzlement in Florida?

In Florida, embezzlement is classified as a type of theft, so the same statutes of limitations apply that would apply for theft, and are based on the dollar amount of the theft. For small amounts, the theft is classified as a misdemeanor, and there is a 2-year statute of limitations. For larger amounts, the theft would be classified as a felony with a 3 or 4-year statute of limitations, depending on which felony degree is charged.

Contact The Kirlew Law Firm, PLLC

Penalties for an embezzlement conviction can be harsh. In addition to prison time and large fines, your professional reputation could be tarnished, preventing many employment opportunities in the future. Our team knows how to defend against white collar crimes and has worked extensively with South Florida clients. Contact The Kirlew Law Firm today to schedule your confidential consultation.