What should I do to prove my innocence in an embezzlement case?

Question

Caught in an embezzlement situation with my previous job and don't know what to do. I have no money and don't know where to begin on how to prove my innocence.

Jared Austin · Answer

First of all, it is not your duty to prove your innocence. It is the prosecutor's burden to prove your guilt. If you are charged with embezzlement and have no money, you will probably be eligible for court-appointed counsel. Don't admit anything to anybody or discuss the matter with police or anybody else without having an attorney involved.

Paul J. Wallin · Answer

If you have no money after you are arrested you will come to court in custody (if you do not bail out which if you have no money it is not likely you will be able to do) and the court will appoint you a public defender and you can explain to him your situation.

Cynthia Henley · Answer

You should not say "caught" if you are not guilty.  If you are charged and you are indigent, an attorney will be appointed to represent you. (Indigent means do not own propety you can sell, work full time at a minimum or relatively low wage job, disabled, etc.)

Timothy Klisz · Answer

Hire a lawyer who can help you.  If not, you will get a court appointed  lawyer because you are facing a felony.

Seth Bloom · Answer

You should hire an attorney to represent you who will be able to work with you to craft a defense strategy and work to prove your innocence.  You should begin by contacting local defense attorneys in your area. Many will likely offer the ability to set up payment plans as long as you are sure to be consistent in payment.

Eric Schurman · Answer

You need legal representation.  Hire an attorney immediately

Craig Elhart · Answer

At trial the people will be represented by the prosecuting attorney.  You will be at a great disadvantage with the help of an attorney.  If you cannot afford an attorney, the court should appoint one for you.  Retaining an attorney to assist you is the first step that should be taken.

Alanna Coopersmith · Answer

I wouldn't make any statements (good or bad) without an attorney. You are entitled to appointment of an attorney if you cannot afford to hire one.

Michael Nack · Answer

If you are charged with a crime and truly have no money, you can ask the court to appoint the public defender to represent you.

Thomas Tomko · Answer

You should present all of the facts in your case to your attorney.  Then you can go over what to do with the case and how to go about defending the claims.  It is impossible to evaluate your case in a one or two sentence explanation.  The best advice I can give is to talk to the attorney that you hire to represent you in your case.

Jacob P. Sartz · Answer

You don't have to prove anything. The prosecutor needs to prove your guilt  beyond a reasonable doubt in order to get a conviction.   Speaking generally, it's good to keep careful notes, keep an organized file,  keep track of potential contacts for people, and help your attorney, regardless  of whether you retain or have a court-appointed attorney, with information that  will assist in your defense.

Michael Morgan · Answer

Whom are you trying to prove your innocence to? If you are charged criminally you should apply for a public defender. In a civil case, you need to give some more details before I could tell you how to proceed.

Robert English · Answer

If you truly have no money, then you may be able to qualify for a public defender. I would start there.

Terry Nelson · Answer

No one can ever prove their innocence.  You goal in a criminal case is to force the prosecutor to prove their case, and hope they cant.    What can you do?  Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict.  If you can't afford private counsel, you can apply for the Public Defender.  No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to ANYONE about the case except an attorney.  That includes on this or any other web site or public forum.  Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation.

Jared Altman · Answer

You're going to have to defend yourself with the assistance of a lawyer. You can't do it alone. If you cannot afford one, then the judge should appoint one free of charge.

Michael D. Fluke · Answer

If you have no money, at your first appearance, ask for a Public Defender.  Your Public Defender can advise you on the best steps to take.

Leonard Harden · Answer

Do not talk to anyone.  If you have been charged you should hire an attorney.  If you have no funds, or assets the court will appoint an attorney.  Follow the attorney"s advise.

Eric Sterkenburg · Answer

This case like all criminal cases if fact driven. You need an attorney. Think about it how much is your good reputation, staying out of jail and not having a criminal record worth? Remember that the prosecution has to prove you guilty not you prove yourself innocence. Have your attorney find out what the evidence is against you and go over it with him. Look at each peace and see is there is a counter to it. Whatever you do get an attorney.

Gregory Casale · Answer

You really only have two options, you can either hire a private attorney or ask the court to appoint one for you. If you can afford it, you can and should select your own attorney that you hire privately. If you cannot afford a private attorney and go with the court appointed attorney, you will be assigned whoever is the lawyer on the day that you appear. There is one other option though I would certainly not advise it, and that is to represent yourself. There is a saying that a lawyer who represents himself has a fool for a client. This arises from the idea that it is very difficult, even for an attorney who knows the law, to represent himself. Decisions should be made objectively and not emotionally. Additionally, the court will hold you to the same standard as an attorney when it comes to knowledge of the law and legal procedure, despite not being trained or educated in law. For all of these reasons and more it is not advisable for any person, and especially a non-lawyer, to represent themselves in legal proceedings. I would suggest that in a legal proceeding where your freedom is at stake instead of your financial resources, it is even more important to be represented by counsel. Take option one or two.

Robert Watkins · Answer

Defendants do not have a burden to prove they are innocent. The State has the burden of proof. If you are referring to to discussing the case with the police in an effort to demonstrate you did nothing illegal, talk to a lawyer first.

Jeffery Cojocar · Answer

Request appointed counsel

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What should I do to prove my innocence in an embezzlement case?

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