When there is a theft and embezzlement case, the accused must have strong legal defense that can protect him from the accusations of theft and embezzlement. The lawyer should be able to defend his client against the claims that are brought against him by the prosecutor in the course of proceedings for theft and embezzlement. The client may be charged with two separate offenses, one for theft and one for embezzlement, depending on the nature and extent of the investigation that the prosecuting authorities had conducted. If these offenses are committed by the same person, then he is also charged with two counts of embezzlement and one for theft. The procedures for accusation and handling of cases of petty theft and grand theft vary from one state to another. Usually, the first step in this case is to file the complaint, which includes the name and address of the defendant, the crime charged, the amount of money involved, and the claim to be victims of petty theft and grand theft. This is known as the charge. Another step is to make the defendant's preliminary appearance before the grand jury which is composed of citizens of the district involved, in this case, the prosecuting attorney. The defendant is required to give a true statement. The second step in the process of theft and embezzlement is the investigation of the event, which may include gathering information from witnesses, collecting documents, and doing background check. The investigator will also ask some favors from the owner of the asset being claimed. For instance, he may ask to inspect the place where the asset was kept. He may want to personally look at documents and records. He may want to go to the residence or workplace of the accused. These investigations are often done secretly by private detectives. Once all investigations have been done, the investigator can already start making a plan for the proceedings. One is to present the complaint against the accused. The papers are to be filed in the appropriate court. The grand theft and white collar crime are punished with different sentences. The sentence for grand theft and white collar crime differ from state to state, but in most cases, the sentence is years in jail or imprisonment. You can check out this site for more info. The punishment for embezzlement varies from one state to another, even from county to county. However, it is always included in the charges of the white collar crime. There is yet no fixed pattern on what the punishment is. The punishment for embezzlement is a fine in the amount of double the actual value of the property or in the entire value of the property if the guilty party did not live up to his/her end of the bargain. The theft crime is classified as a felony theft if the act of stealing does not relate to any other crime. With regards to the elements of the crime, the elements of theft and embezzlement fall under the following major factors: the actual physical victim and the proceeds obtained through the theft or embezzlement. The value of the property and the actual victim's loss thereof are very important in determining if the theft and embezzlement have taken place. These are the elements that should always be present and should be followed closely by the embezzlement lawyer in theft and embezzlement law. This will make sure that the defendant will always be charged with a strong legal defense in the case. An alternative post for more info on the topic here: https://en.wikipedia.org/wiki/Criminal_defense_lawyer.
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