The Grave Consequences and Stakes of Embezzlement Charges in Virginia

Embezzlement charges in Virginia carry severe legal consequences that can significantly impact an individual’s life, ranging from substantial fines and lengthy prison sentences to mandatory restitution and a permanent criminal record, underscoring the critical need for a strong legal defense.

Under Virginia law, embezzlement is primarily defined by Virginia Code § 18.2-111, which states that if any person wrongfully and fraudulently uses, disposes of, conceals or embezzles any money or other personal property, tangible or intangible, which he shall have received, or embraced in a bill of lading, for or on account of his employer, or by virtue of his office, trust or employment, or which shall have been entrusted to him by another, he shall be deemed guilty of larceny. This statute explicitly links embezzlement to the concept of larceny, meaning the penalties are often determined by the value of the property embezzled, as outlined in Virginia Code § 18.2-95 (Grand Larceny) and Virginia Code § 18.2-96 (Petit Larceny).

Felony Embezzlement in Virginia

If the value of the money or property embezzled is $1,000 or more, the crime is classified as grand larceny, a felony offense. A conviction for felony embezzlement under Virginia law can result in:

• Prison Time: A term of imprisonment ranging from one to twenty years.
• Fines: A fine of up to $2,500.
• Restitution: Courts are highly likely to order restitution to the victim under Virginia Code § 19.2-305.1, requiring the convicted individual to repay the full amount of the embezzled funds or property. This is a civil judgment that often follows a criminal conviction.
• Criminal Record: A permanent felony record, which severely impacts future employment opportunities, housing, professional licenses, and even civic rights.

Misdemeanor Embezzlement in Virginia

When the value of the money or property embezzled is less than $1,000, the offense is classified as petit larceny, a misdemeanor. While less severe than a felony, a misdemeanor embezzlement conviction still carries significant repercussions:

• Jail Time: Up to 12 months in jail.
• Fines: A fine of up to $2,500.
• Restitution: As with felonies, restitution is a common component of sentencing, compelling repayment to the victim.
• Criminal Record: A permanent misdemeanor record, which, while not as restrictive as a felony, can still impact employment, particularly in roles involving financial trust.

Beyond Criminal Penalties: Collateral Consequences

The impact of an embezzlement conviction extends far beyond the explicit legal penalties. Individuals may face:

• Loss of Employment: Immediate termination from current employment, especially if the crime was committed against the employer.
• Professional License Revocation: Many professions, particularly those requiring financial licensure (e.g., accounting, real estate, financial advising), can see licenses revoked or suspended.
• Reputational Damage: Significant damage to personal and professional reputation, which can be challenging to rebuild.
• Civil Lawsuits: Victims often pursue civil lawsuits to recover additional damages beyond restitution, such as lost profits or emotional distress.
• Immigration Consequences: For non-citizens, an embezzlement conviction can lead to deportation or inadmissibility to the United States.

Given the gravity of these potential outcomes, anyone facing such charges in Fairfax, Loudoun, or Prince William County must recognize the stakes and immediately seek the counsel of a seasoned VA embezzlement lawyer. Proactive and strategic defense is not merely advisable; it is a necessity to protect one’s future.

Navigating the Legal Process: From Allegation to Resolution

The legal process for embezzlement charges in Virginia involves a structured series of steps, typically beginning with investigation by local law enforcement and the Commonwealth’s Attorney’s office, progressing through court appearances in General District and Circuit Courts, and potentially culminating in a trial or plea agreement.

Understanding the procedural journey is crucial for anyone accused of embezzlement. The process can be lengthy and intimidating, involving multiple agencies and court levels across Virginia’s judicial system, including Fairfax, Loudoun, and Prince William. As a Northern VA white-collar crime attorney, I guide clients through each phase, ensuring their rights are protected and their defense is meticulously prepared.

1. Investigation by Law Enforcement

The process typically begins with an investigation initiated by local law enforcement agencies, such as the Fairfax County Police Department, Loudoun County Sheriff’s Office, or Prince William County Police Department, or potentially the Virginia State Police. This phase often involves:

• Gathering Evidence: Reviewing financial records, bank statements, emails, internal company documents, and witness interviews.
• Interrogation: Law enforcement may seek to question the suspect. It is imperative at this stage to assert your right to remain silent and request an attorney immediately. Any statements made can be used against you.
• Search Warrants: Officers may obtain search warrants for homes, businesses, or electronic devices to seize relevant evidence.

2. Arrest and Booking

If probable cause is established, an arrest warrant will be issued, leading to arrest and booking. This involves fingerprinting, mugshots, and processing. Following booking, a magistrate will determine bail, considering factors like flight risk and danger to the community. A knowledgeable VA embezzlement lawyer can argue for reasonable bail conditions or release on personal recognizance.

3. Arraignment and Preliminary Hearing (General District Court)

For felony embezzlement charges, the initial court appearances typically occur in the General District Court of the respective county (Fairfax, Loudoun, or Prince William). The first step is the arraignment, where you are formally informed of the charges and enter a plea (typically “not guilty”).

A preliminary hearing then follows for felonies. Here, the Commonwealth’s Attorney’s Office (the prosecutor) must present sufficient evidence to demonstrate probable cause that a crime was committed and that you committed it. This is not a trial to determine guilt but merely to assess if there’s enough evidence to proceed to a grand jury. A seasoned defense attorney can cross-examine witnesses and challenge the prosecution’s evidence, often leading to a dismissal or reduction of charges at this early stage.

4. Grand Jury Indictment (Circuit Court)

If probable cause is found at the preliminary hearing, or if the Commonwealth’s Attorney chooses to proceed directly, the case is then presented to a grand jury. Grand juries in Virginia are composed of citizens who hear evidence presented by the prosecution in secret. Their role is to determine if there is sufficient probable cause to issue a formal indictment, which is a formal accusation that a crime has been committed. The defense is generally not present at grand jury proceedings, making it a critical juncture where an indictment can be avoided if the preliminary hearing was handled effectively or if the prosecution lacks compelling evidence.

5. Circuit Court Proceedings

Upon indictment, the case moves to the Circuit Court (e.g., Fairfax County Circuit Court, Loudoun County Circuit Court, Prince William County Circuit Court), where felony trials take place. This phase includes:

• Discovery: Both sides exchange information and evidence. Your VA embezzlement lawyer will meticulously review all evidence provided by the prosecution.
• Motions: Pre-trial motions may be filed, such as motions to suppress evidence (e.g., if obtained illegally) or motions to dismiss charges.
• Plea Negotiations: Discussions with the Commonwealth’s Attorney’s Office to potentially reach a plea agreement, which might involve reduced charges or a recommended sentence.
• Trial: If no plea agreement is reached, the case proceeds to trial. This can be a jury trial or a bench trial (decided by a judge). During trial, both sides present evidence, call witnesses, and make arguments. The burden of proof is on the prosecution to prove guilt beyond a reasonable doubt.

6. Sentencing

If convicted, either through a guilty plea or a trial verdict, the court will proceed to sentencing. This involves considering various factors, including the nature of the crime, the defendant’s criminal history, and any mitigating circumstances. Your legal counsel will present arguments for a lenient sentence and advocate for alternatives to incarceration, if appropriate, such as probation or community service, in addition to managing restitution obligations.

Navigating this complex journey requires not just legal knowledge but also strategic foresight. A Northern VA white-collar crime attorney provides comprehensive guidance, from protecting your rights during initial investigations to formulating a compelling defense at trial, aiming for the most favorable outcome possible.

The SRIS Virginia Embezzlement Defense Readiness Guide

Facing embezzlement charges can be overwhelming, but being prepared can make a significant difference in the outcome of your case. The Law Offices Of SRIS, P.C. has developed this readiness guide to help you understand the immediate steps and long-term considerations when confronted with allegations of embezzlement in Virginia. This guide is a practical, step-by-step tool designed to empower you with knowledge and clarity during a challenging time.

Step-by-Step Guide: What to Do When Accused of Embezzlement

1. Do Not Speak to Law Enforcement Without Counsel: Your immediate priority should be to assert your right to remain silent and request a lawyer. Anything you say can and will be used against you. Do not attempt to explain your side of the story or cooperate with investigators without your attorney present.
2. Contact a Knowledgeable Virginia Embezzlement Lawyer Immediately: Time is of the essence. Early legal intervention allows your attorney to assess the allegations, advise you on your rights, and begin building a defense from the outset. This is especially critical before any formal charges are filed or evidence is irrevocably altered. Contact Law Offices Of SRIS, P.C. at 888-437-7747.
3. Gather and Preserve All Relevant Documents: Begin collecting any documents related to the financial transactions or accounts in question. This may include bank statements, employment contracts, emails, text messages, accounting records, receipts, and any communication with the accuser or employer. Do not destroy or alter any documents.
4. Document All Communications: Keep a detailed log of all interactions with law enforcement, former employers, and any involved parties. Note dates, times, names, and the content of conversations.
5. Review Your Employment Agreement/Contract: Understand the terms of your employment, particularly any clauses related to financial responsibilities, company property, or disciplinary procedures.
6. Avoid Contact with Accusers or Witnesses: Do not attempt to confront, persuade, or communicate with the alleged victim or potential witnesses. This can be misconstrued as obstruction of justice or witness tampering, which can lead to additional charges.
7. Understand the Value of the Alleged Embezzlement: The value of the property or money in question dictates whether the charge will be a misdemeanor or a felony in Virginia. Your attorney will help you understand this critical distinction and its implications.
8. Prepare for Financial Scrutiny: Be prepared for a thorough examination of your personal and professional financial history. Your attorney will guide you on what information may be requested and how to respond appropriately.
9. Identify Potential Witnesses for Your Defense: Think about anyone who might have information relevant to your defense, such as colleagues, former supervisors, or financial advisors. Provide this information to your attorney.
10. Develop a Strategic Defense Plan with Your Attorney: Work closely with your legal team to explore all possible defense strategies, evaluate the prosecution’s evidence, and prepare for every stage of the legal process.

This guide serves as a foundational tool. However, every embezzlement case is unique. Your best course of action is always to consult directly with an experienced VA embezzlement lawyer who can provide tailored advice based on the specifics of your situation.

Legal Strategies and Defenses Against Embezzlement Charges

A strong defense against embezzlement charges in Virginia often involves meticulously challenging the prosecution’s evidence, disproving the element of fraudulent intent, demonstrating a lack of fiduciary relationship, or showing factual errors in the allegations, each tailored to the unique circumstances of the case.

As a Northern VA white-collar crime attorney, I approach each embezzlement case by scrutinizing every piece of evidence and identifying the most viable defense pathways. Virginia law on embezzlement, particularly Virginia Code § 18.2-111, requires proof of specific elements, and a successful defense often focuses on negating one or more of these elements.

Common Defense Strategies:

• Lack of Fraudulent Intent: This is often the cornerstone of an embezzlement defense. The prosecution must prove that the accused acted with the specific intent to defraud the owner of the property. If the defense can demonstrate that the taking or use of funds was a mistake, an oversight, or based on a genuine belief of entitlement (even if erroneous), the element of fraudulent intent may be negated. For example, if funds were used with the owner’s permission or under the assumption of such permission, or if a transaction was a loan not yet repaid, intent to defraud may be absent.
• Absence of Fiduciary Relationship or Trust: Embezzlement specifically applies when property is “entrusted” to the accused or received “by virtue of his office, trust or employment.” If the defense can show that no such fiduciary relationship existed, or that the property was not received in a capacity of trust, the charge might not fit the definition of embezzlement. This could shift the charge to a less severe form of larceny or even lead to dismissal.
• Mistaken Identity: In some complex financial environments, multiple individuals may have access to funds or accounts. A defense might involve demonstrating that someone else was responsible for the alleged misappropriation, or that the accused was wrongly identified.
• Disputed Valuation: The severity of an embezzlement charge (felony vs. misdemeanor) hinges on the value of the embezzled property ($1,000 threshold in Virginia). If the defense can successfully argue that the value of the property is less than $1,000, a felony charge could be reduced to a misdemeanor, significantly mitigating potential penalties.
• Challenging the Evidence: This broad category includes a multitude of tactical approaches:
  • Insufficient Evidence: Arguing that the prosecution has not met its burden of proving guilt beyond a reasonable doubt.
  • Errors in Financial Records: Demonstrating inaccuracies, inconsistencies, or poor record-keeping by the accuser that cast doubt on the alleged losses.
  • Coercion or Duress: Arguing that the actions were taken under extreme pressure or threat.
  • Entrapment: If law enforcement induced an otherwise unwilling person to commit the crime.
  • Violation of Constitutional Rights: If evidence was obtained through illegal search and seizure, or if the accused’s Miranda rights were violated, such evidence may be suppressed.
• Restitution and Civil Settlement: While not a direct defense, in some cases, early repayment of the alleged embezzled funds, coupled with a civil settlement, can influence the prosecution’s decision-making, potentially leading to reduced charges or more lenient sentencing, especially in cases where the intent to permanently deprive was debatable.

Every defense strategy must be meticulously crafted after a thorough review of the facts and evidence. As a seasoned VA embezzlement lawyer, I leverage decades of courtroom experience to dissect complex financial data, challenge prosecutorial assertions, and vigorously advocate for my clients’ rights in Fairfax, Loudoun, and Prince William Circuit Courts.

Common Mistakes to Avoid When Facing Embezzlement Accusations

When confronted with embezzlement accusations, the actions you take in the initial hours and days can profoundly influence the trajectory of your case. Unfortunately, many individuals, often out of panic or a misunderstanding of the legal process, make critical errors that inadvertently compromise their defense. As a senior attorney specializing in white-collar defense, I’ve observed these pitfalls time and again. Avoiding them is paramount to protecting your rights and future.

1. Speaking to Law Enforcement Without Legal Counsel: This is arguably the most common and damaging mistake. Even if you believe you can explain away the situation or prove your innocence, anything you say can be misinterpreted or used against you. Police officers are trained to gather information, and they are not your allies. Politely but firmly assert your right to remain silent and state that you wish to have an attorney present before answering any questions.
2. Attempting to “Fix” the Problem Independently: You might be tempted to repay the money, alter records, or confront the accuser in an attempt to make the problem disappear. These actions can be construed as admission of guilt, obstruction of justice, witness tampering, or even new criminal offenses. All communications and actions should be guided by your attorney.
3. Destroying or Concealing Evidence: Tampering with or disposing of financial records, emails, computer files, or any other potential evidence is a serious offense that can lead to additional felony charges and severely undermine any defense. Preserve everything, even if you believe it might be incriminating. Your attorney needs to see all evidence, good or bad, to build a comprehensive defense.
4. Delaying Legal Representation: The sooner you engage a knowledgeable Virginia embezzlement lawyer, the better. Early intervention allows your attorney to begin their own investigation, advise you on your rights during the critical pre-charge phase, prevent you from making self-incriminating statements, and potentially influence the direction of the investigation before formal charges are filed. Waiting until you are arrested or formally charged significantly limits your options.
5. Underestimating the Seriousness of the Charges: Embezzlement, even at the misdemeanor level, is a crime of moral turpitude with severe long-term consequences for employment, professional licenses, and reputation. Dismissing it as a “minor” financial dispute or believing it will simply “go away” is a dangerous misconception.
6. Discussing Your Case with Non-Attorneys: Do not discuss the details of your case with friends, family, colleagues, or anyone who is not your legal counsel. These conversations are not protected by attorney-client privilege and could be compelled as testimony against you.
7. Failing to Cooperate Fully with Your Attorney: Once you retain an attorney, be completely honest and forthcoming about all facts, even those that may seem unfavorable. Your attorney can only build the strongest possible defense if they have a full and accurate understanding of the situation. Withholding information can lead to unforeseen weaknesses in your case.
8. Ignoring Potential Civil Implications: An embezzlement accusation often has both criminal and civil ramifications. The alleged victim may pursue a civil lawsuit for damages in addition to criminal prosecution. Failing to consider both aspects in your defense strategy can lead to further financial and legal burdens.

Navigating an embezzlement accusation requires a clear head and decisive, informed action. By avoiding these common mistakes and securing the immediate support of a seasoned Northern VA white-collar crime attorney, you significantly enhance your ability to achieve a more favorable outcome and protect your future.

Glossary of Key Embezzlement Terms

Understanding the precise legal terminology used in embezzlement cases is essential for anyone facing such charges. As a VA embezzlement lawyer, I ensure my clients are clear on the language that defines their situation in Fairfax, Loudoun, or Prince William courts. Here are some critical terms you should know:

Embezzlement (Virginia Code § 18.2-111)

The fraudulent taking, using, disposing of, or concealing of money or property entrusted to one’s care or received by virtue of one’s office, trust, or employment, with the intent to deprive the owner of it. It differs from larceny primarily by the element of lawful possession followed by unlawful conversion.

Fiduciary Duty

A legal or ethical relationship of trust, confidence, or responsibility between two or more parties. In embezzlement, it refers to the duty an individual (the fiduciary) owes to another (the principal) to act in the principal’s best interests, particularly concerning financial matters.

Grand Larceny (Virginia Code § 18.2-95)

In Virginia, larceny of goods and chattels of the value of $1,000 or more, or the larceny of a firearm, regardless of value, or the larceny from the person of another of money or other thing of value of $5 or more. Felony embezzlement falls under this classification if the value is $1,000 or more.

Petit Larceny (Virginia Code § 18.2-96)

Any larceny that is not grand larceny is defined as petit larceny. Misdemeanor embezzlement falls under this classification if the value is less than $1,000.

Restitution (Virginia Code § 19.2-305.1)

The act of restoring something to its rightful owner; in a legal context, it refers to the court-ordered compensation paid by a convicted offender to the victim for losses incurred as a direct result of the crime.

Indictment

A formal accusation by a grand jury that there is enough evidence to warrant a criminal trial. For felonies in Virginia, an indictment typically precedes proceedings in Circuit Court.

White-Collar Crime

Nonviolent crimes committed for financial gain, often by professionals or business people, through deception or breach of trust. Embezzlement is a prominent example of a white-collar crime.

Common Scenarios & Questions from Individuals Facing Embezzlement Concerns

Clients often approach Law Offices Of SRIS, P.C. with a range of concerns related to embezzlement allegations. These scenarios highlight the critical need for immediate and knowledgeable legal intervention. As a Northern VA white-collar crime attorney, I’ve seen these situations unfold countless times across Fairfax, Loudoun, and Prince William Counties. Here are a few common scenarios and the underlying questions they present:

Scenario 1: The “Loan” That Became an Accusation

“My employer let me ‘borrow’ money from the company petty cash for personal emergencies, which I always intended to pay back. Now I’ve been fired, and they’re accusing me of embezzlement, even though I’ve already started repaying. Can this really be embezzlement if I intended to return it?”

The Question: Does intent to repay negate the charge of embezzlement, especially if there was an understanding or history of such “loans”?

Our Perspective: This scenario is common. Virginia Code § 18.2-111 focuses on the “fraudulent” use or taking. While intent to repay might be a mitigating factor, if the initial taking was unauthorized, secret, or done without proper procedure and clear, documented agreement from an authorized party, it can still be deemed fraudulent. The key is to demonstrate that you lacked the criminal intent to permanently deprive the owner. Evidence of your repayment efforts, coupled with a lack of initial fraudulent intent, can form a strong defense, but it requires a seasoned VA embezzlement lawyer to present it effectively.

Scenario 2: Accounting Error or Malice?

“I’m an accountant, and there’s a discrepancy in the company’s books. My former employer is claiming I ‘misappropriated’ funds, but I believe it was a genuine accounting error or perhaps something another employee did. How do I prove it wasn’t intentional, and that I’m not responsible?”

The Question: How does one distinguish between an honest mistake or complex accounting error and deliberate embezzlement? What is the burden of proof for the prosecution?

Our Perspective: Embezzlement requires proof of criminal intent. In cases involving complex financial systems, mistakes are possible. Your defense would involve a meticulous forensic audit of the books to identify the source of the discrepancy, demonstrate your lack of knowledge or malicious intent, and potentially point to other possible causes or individuals. The prosecution bears the burden of proving beyond a reasonable doubt that you had the specific intent to defraud. A Northern VA white-collar crime attorney often works with financial experts to dissect such claims.

Scenario 3: Pressure to Cooperate from Law Enforcement

“Police came to my house asking about some funds from my old job. They said if I just ‘cooperate’ and explain what happened, things will be easier. Should I tell them my side of the story without a lawyer, or will that make it worse?”

The Question: What are my rights when questioned by law enforcement, and is it ever advisable to speak to them without legal representation?

Our Perspective: This is a critical moment. As a senior attorney with decades of experience, I unequivocally advise you to assert your right to remain silent and request an attorney immediately. Law enforcement officers are not there to help you; their goal is to gather evidence for prosecution. Anything you say, even an innocent explanation, can be twisted or used against you. Cooperating without legal counsel present is one of the biggest mistakes an individual can make. Your VA embezzlement lawyer will speak on your behalf and protect your rights from the outset.

Scenario 4: Old Allegations Resurface

“Years ago, there was an issue at my former company regarding some missing funds, but nothing ever came of it. Now, years later, I’m being contacted by police, and they’re talking about bringing charges. Can they still charge me after all this time?”

The Question: Is there a statute of limitations for embezzlement in Virginia, and how does it apply if allegations resurface after a long period?

Our Perspective: Yes, Virginia does have statutes of limitations for crimes. Generally, for felonies like grand larceny (which includes felony embezzlement), there is no statute of limitations if the punishment is imprisonment in a state correctional facility. However, if the offense is a misdemeanor, there is typically a one-year statute of limitations. The specifics depend on the exact nature of the charge and when the alleged crime was discovered or occurred. This scenario highlights the complexity and the need for immediate legal review to determine the viability of any charges brought after a significant delay.

Frequently Asked Questions (FAQ) About Embezzlement in Virginia

As a seasoned VA embezzlement lawyer, I regularly answer common questions from individuals concerned about or facing these serious charges. Here are some of the most frequently asked questions about embezzlement in Virginia:

Q1: What exactly is embezzlement in Virginia, and how is it different from theft (larceny)?
A1: Embezzlement in Virginia (Va. Code § 18.2-111) is a specific type of larceny where property is fraudulently taken or used by someone who initially had lawful possession of it, typically due to a position of trust, office, or employment. The key difference from simple theft (larceny) is the element of lawful possession followed by a breach of trust or fiduciary duty.

Q2: What is the monetary threshold for felony embezzlement in Virginia?
A2: In Virginia, if the value of the money or property allegedly embezzled is $1,000 or more, it is considered grand larceny, a felony offense. If the value is less than $1,000, it is petit larceny, a misdemeanor.

Q3: What are the potential penalties for felony embezzlement in Virginia?
A3: A felony embezzlement conviction can result in a prison sentence of one to twenty years, a fine of up to $2,500, or both. Additionally, the court will almost certainly order restitution to the victim.

Q4: Can I go to jail for misdemeanor embezzlement?
A4: Yes, even misdemeanor embezzlement can carry penalties of up to 12 months in jail and a fine of up to $2,500, in addition to restitution.

Q5: What does “restitution” mean in an embezzlement case?
A5: Restitution is a court order compelling the convicted individual to repay the victim for the financial losses incurred as a direct result of the embezzlement. This is a mandatory component in most embezzlement sentences in Virginia.

Q6: Do I need a lawyer if I’m just being investigated for embezzlement, not charged yet?
A6: Absolutely. Seeking legal counsel from a knowledgeable Northern VA white-collar crime attorney at the earliest stage of an investigation is critical. An attorney can advise you on your rights, handle communications with law enforcement, and potentially prevent charges from being filed.

Q7: What kind of evidence is typically used in an embezzlement case?
A7: Evidence often includes financial records (bank statements, ledgers), emails, text messages, internal company documents, witness testimonies, and expert testimony from forensic accountants. Digital evidence from computers and devices is also common.

Q8: What are common defenses against embezzlement charges?
A8: Common defenses include lack of fraudulent intent (e.g., it was a mistake or an authorized use), absence of a fiduciary relationship, disputed valuation of the property, mistaken identity, or challenging the sufficiency or legality of the prosecution’s evidence.

Q9: Can an embezzlement charge be reduced or dismissed?
A9: Yes, a skilled VA embezzlement lawyer can work to get charges reduced (e.g., felony to misdemeanor) or dismissed entirely by challenging the evidence, negotiating with the Commonwealth’s Attorney’s Office, or by winning a preliminary hearing or pre-trial motion.

Q10: How long does an embezzlement case typically take to resolve in Virginia?
A10: The timeline varies significantly based on complexity, evidence, and court caseload. Simple misdemeanor cases might resolve in a few months, while complex felony embezzlement cases involving extensive financial forensics can take a year or more to reach a resolution in Fairfax, Loudoun, or Prince William Circuit Courts.

Q11: Will an embezzlement conviction affect my professional license?
A11: Yes. For many professions, particularly those requiring financial trust or professional licensure (e.g., accounting, real estate, law, finance), an embezzlement conviction can lead to the suspension or revocation of your license. Many licensing boards consider such offenses a breach of professional ethics.

Q12: Can I get my record expunged if convicted of embezzlement?
A12: In Virginia, expungement of a criminal conviction is generally very difficult and limited to specific, narrow circumstances, usually involving pardons or convictions that have been absolutely voided. Misdemeanors may be expunged under certain conditions if not convicted. For felony embezzlement convictions, expungement is typically not an option.

Q13: What is the role of intent in an embezzlement case?
A13: Intent is a crucial element. The prosecution must prove that you acted with fraudulent intent to deprive the owner of their property. Without this proven intent, a conviction for embezzlement is not possible, making it a key area for defense.

Q14: What is a “fiduciary” in the context of embezzlement?
A14: A fiduciary is someone who holds a legal or ethical relationship of trust with another, often concerning financial matters. Examples include employees with access to company funds, trustees, guardians, or agents. Embezzlement applies when this trust is breached.

Q15: Should I repay the money if I’m accused of embezzlement?
A15: Do NOT repay or attempt to repay any funds without first consulting with your attorney. While restitution is often part of a sentence, making repayments without legal guidance can be misconstrued as an admission of guilt or can complicate your defense. All actions should be strategic and guided by your legal counsel.