From complaint to courtroom
Criminal charges for embezzlement usually follow a report by an employer, a bank, or an auditor, and in New York they are generally brought as larceny, often alongside falsifying business records. After an arrest or a voluntary surrender, the first court appearance is the arraignment, where the charges are presented and release conditions are addressed. Felony charges in New York generally require a grand jury indictment unless the defendant waives it. If the money came from a bank or a federally funded program, or the scheme crossed state lines in certain ways, the case may be federal instead. Either way, the prosecutor rather than the employer decides whether the case continues.
Arranging surrender and the first appearance
If you learn that charges are coming, a lawyer can often contact the detective or prosecutor and arrange a surrender, which tends to be more orderly than an arrest at home or work. Bring identification, and be ready for release conditions that may be requested, such as limits on contact with the employer or its staff. Release in many New York cases is governed by rules that favor release without bail, though those rules have exceptions and have been amended more than once. Do not contact the employer, coworkers, or witnesses about the case once it begins. Collect documents that bear on the allegations, such as compensation agreements, approvals, and personal bank records, for your lawyer.
Restitution and the long view
Restitution is often central in embezzlement cases, and the amount of the alleged loss is frequently contested because it affects both the seriousness of the charge and any resolution. Offers to repay should be discussed with your lawyer before they are made, since repayment and admissions are closely linked. The case may also affect professional licenses, bonding, future employment, and immigration status, and those effects should be understood before any plea is considered. Initially, we review the charges, the discovery that will be produced, and any parallel civil claim. We then plan around the court dates that are already set.
