Mr. Webb has successfully avoided criminal charges in numerous cases by working with his clients to resolve potential criminal charges while they are still able to be resolved in the civil courts or by a civil settlement and release of claims. Mr. Webb authored an article on the complications, dilemmas and ethical issues involved in negotiating a civil resolution to potential criminal cases which appeared in Minnesota Bench and Bar: Read Mr. Webb’s article “CONCOMITANT NEGOTIATIONS OF CIVIL AND CRIMINAL CLAIMS.”
Theft & Embezzlement crimes in Minnesota
Theft occurs when someone takes money or other property without right to that property and without the owner’s consent. Embezzlement is a form of theft that involves using a position of trust with an employer to commit a theft. A Theft by Swindle can basically be described as a situation where money or property is voluntarily handed over by the victim in reliance on a false statement made by the perpetrator of the theft.
What types of factors determine whether the charge will be a felony?
The seriousness of the charge depends on the value of the property taken, the identity of the victim and the type of property taken. When the value of the property taken is more than $1,000 then the charge is usually a felony. Lesser amounts (under $1,000) can be charged as a felony if the property is taken from certain types of victims (e.g., government, vulnerable adult). The theft of certain types of property (e.g., firearms) will be charged as a felony even if the value of the firearm is less than $1,000.
What is “Receiving Stolen Property”?
The charge of receiving stolen property can be charged whenever someone buys or hides or even just possesses something that has been stolen when that person has a reason to think that the property is stolen.
What are the penalties for theft or embezzlement?
The consequences of a conviction might include lengthy prison sentences, fines, restitution (repayment), and loss of the ability to work in a particular field.
What should I do if I am charged with theft or embezzlement?
If you have been accused of embezzlement or theft, speak to a knowledgeable defense lawyer as soon as possible. Early preparation by an experienced defense lawyer can increase your chances of a favorable outcome, including the possibility of charges being dropped.