If you are accused of embezzlement in Salem County, New Jersey you need to act fast to protect your constitutional rights. This theft crime can not only result in high fines, prison sentences, and loss of your constitutional rights, but it can follow you long after and affect your future career. Employers do not look kindly on an embezzlement conviction, which are often discovered during routine background checks. However, just because you are charged with a crime does not mean you are guilty, or that the prosecutor has the necessary proof to prove the allegations against you.
If you or someone you care about has been charged with embezzlement in Salem County, New Jersey, experienced embezzlement defense attorney Joseph D. Lento is here to help.
Salem County Embezzlement Defense Attorney
With nearly two decades of experience working in various roles in the criminal justice system, Joseph Lento is a qualified Salem County criminal defense attorney with a comprehensive knowledge of how a New Jersey criminal case operates from start to finish, and beyond.
If you have been charged with embezzlement in Salem County, New Jersey and need a comprehensive, customized defense, contact the attorneys at Lento Law Firm. Joseph Lento built his practice on the ideals of customer service and justice and he will fight for your rights and freedom. Call (888) 535-3686 today to schedule your consultation and discover what Joseph Lento can do to clear your name.
Salem County Court Process
If arrested in Salem County for a crime, your case will be scheduled for a preliminary hearing at the applicable Municipal Court. There are 14 Municipal Courts in all of Salem County. If the case proceeds past the preliminary hearing, the case will be scheduled for a formal arraignment at the Court of Common Pleas located at
92 Market Street
Salem, NJ 08079
The criminal process will continue from that point forward often either resulting in the case proceeding to trial or being resolved through non-trial disposition through dismissal or plea.
Embezzlement Crimes in Salem County, New Jersey
Embezzlement crimes take a variety of forms, a few of which are set forth in New Jersey Statutes 2C:20-2. Embezzlement crimes are typical in small businesses and in other positions of trust. Embezzlement can occur anywhere, but where a person is placed in a position of trust to oversee certain funds or property, the potential for abuse is higher.
Embezzlement is a type of property offense, so it is helpful to define "property." Property is anything with a perceived value that is either tangible or intangible. Objects that cannot be physically handled, such as data in a bank account, is just as much property as is tangible cash. Movable property is property that can be moved easily from one place to another without being destroyed. Immovable property is that which cannot be moved, or cannot be done without causing significant effort, cost, or harm (i.e. a house).
Embezzlement is not separately defined or named under New Jersey law. Most individuals charged with "embezzlement" are actually charged with Theft by Unlawful Taking, codified in New Jersey Statutes 2C:20-3. The difference between typical theft and embezzlement is that the property was once legally held, but the taken without permission.
Effects on Future Employment
Embezzlement takes place from a position of trust, where the stolen property was held by a trusted person for care. Because most employers will run a background check before they hire an employee, the discovery of an embezzlement conviction can have a disastrous effect on your ability to procure future employment. With an experienced criminal defense lawyer at your side, you can work to protect your rights, and your future.
Level of New Jersey Theft & Embezzlement Offenses
In (2C:20-2) of the New Jersey statutes, the various penalties that may be imposed for theft offenses are as below.
Second Degree Offenses:
- If total value of the theft exceeded $75,000
- If the stolen property was taken by way of extortion
- If the stolen property weighed over one kilogram of a controlled substance(s)
- If the property was in the form of governmental benefits; i.e. related to a federal program where the total value exceeded $75,000
- If the crime was perpetrated by a fiduciary and the value of that property stolen exceeded $50,000.
Third Degree Offenses:
- If the total value of the property taken is between $50,000 and $75,000
- If the theft involves property such as a firearm, aircraft, horse, motor vehicle, or domestic animal
- If the stolen item was a controlled substance in a quantity of less than one kilogram; the total value may be either unknown or under $75,000
- If the property is physically taken from someone's person
- Crime is committed by a person in a position of trust (fiduciary) and the total value is under $50,000.
- Theft involved threats or intimidation; these actions are such that they are not classified as acts of extortion
- Stolen property was some form of public record
- If the stolen property is in the form of governmental benefits; perhaps related to some federal program where the total value exceeded $50,000
- If the stolen property was intended for use involving research--regardless of the value
- Stolen property is a blank prescription
- Stolen property is some form of access-related device
- Stolen property is anhydrous ammonia, a key ingredient in manufacturing methamphetamine
Fourth Degree:
- If the total value of the property stolen ranged from $200 to $500.
Disorderly Person Offense
- Total value of the property was under $200
- Stolen property was a receiver for an “electronic vehicle identification system”
Penalties for Offense
|
Level of Criminal Offense |
Maximum Incarceration |
Maximum Fine |
|
Second Degree |
10 years |
Up to $150,000 |
|
Third Degree |
5 years |
Up to $15,000 |
|
Fourth Degree |
18 months |
Up to $10,000 |
|
Disorderly Person Offense |
6 months |
Up to $1,000 |
The facts of your case will greatly determine the potential penalties you face. You need a highly experienced attorney at your side who can present all possible defenses on your behalf.
Working with a Salem County Embezzlement Defense Lawyer
If you have been accused of embezzlement in Salem County, New Jersey, it is highly recommended that you begin defending your rights and your future with as soon as possible. Joseph Lento is passionate about helping charges like yours through the system and making sure justice is served on all sides.
For your consultation on how Joseph D. Lento and the team at Lento Law Firm can help you, call (888) 535-3686 today.
