03-29-2012, 12:26 PM
I was curious as to how long a typical embezzlement investigation takes. To be more specific, I know that information has been turned over to a detective about a week ago and I'm wondering how long it will be before law enforcement shows up at my door. I've retained an attorney and he has attempted to make contact with the detective on the case. However, I'm just afraid that at any moment, law enforcement will show up and take me away. I've heard of investigations lasting months to years, but does this include the initial arrest or would they have to conclude an investigation in order to make an arrest? Any info would be much appreciated!
03-29-2012, 12:55 PM
What kind of lawyer did you get that hasn't explained how it all works? That would worry me a lot. The investigation could take months. When the detective is done he will turn the evidence over to the DA who will present it to a grand jury and they will indict you if the evidence is good. So you then will have the exact charges against you listed. Usually a warrant is then issued and you are picked up. Now if your lawyer is any good he will be following this process the whole way and can get you into court for the prelim without being arrested. A white collar crime like this makes it easier. The courts aren't too interested in bail and restrictions unless you are a flight risk or a danger to society at the present moment. Quit worrying about the cops coming to your door. Worry about somehow getting as much of the money you stole together so your lawyer can be negotiating with the place you stole from. Contact your lawyer and try to figure why in hell this guy is taking your money and leaving you clueless and afraid.
03-29-2012, 01:16 PM
Thank you very much. I appreciate all of the information. He advised me to obviously keep quiet and call him if the authorities were to contact me in any way, however, he's done little to supress the one big fear: cops showing up to take me away. I just wanted to know how much "free" time I had before the official charges are made. I am hopeful that my attorney will stay on top of things and make things as smooth as possible.
03-29-2012, 02:15 PM
Um, technically you have to be arrested to start the ball rolling from your point of view. Whether or not that involves handcuffs is a different issue, but you have to be arrested and processed - picture taken, fingerprinted, etc. A finding of probable cause will allow the issuance of an order for arrest. An indictment results in an arrest.
Now, as for how long on an embezzlement - it depends. It depends on whether forensic accountants have to be brought in. It depends on how long the crime was going on. It depends on what evidence there is that ties the crime to the perpetrator. It won't take as long if the perp is on video taking cash out of a register and slipping it into his/her pocket. It'll take a lot longer if it was a multiyear activity that skimmed millions from the books of a multinational corporation.
Talk with you lawyer. Tell your lawyer you don't want cops showing up to arrest you at any hour of the day or night. We can arrange to have you turn yourself in, get processed, and bailed out (if bail is likely, and it usually is in these types of cases) without the ride in the cop car.
But, if they bring a case against you, you have to be arrested. Sorry, that's the nature of the beast. Arrest can be a splashy, cops in uniform slapping cuffs on you and escorting you to a cop car sort of affair. It can also be you show up at the courthouse at a given time, you get processed, and you get bailed out within a few hours, no lights and sirens sort of affair.
03-29-2012, 03:03 PM
Um, technically you have to be arrested to start the ball rolling from your point of view.
True in most cases, not all and not every time. I picked up 4 drug felonies 2 years ago and was not arrested after the raid. They got all the evidence then I got a lawyer and sat around a couple months waiting for the grand jury to indict me. After that my lawyer contacted who ever and I show up in court to plead not guilty and start the ball rolling. Never arrested, printed or mugshot.
03-30-2012, 04:40 PM
From my OWN personal experience... I was initially investigated for emblezzement. Immediately when I knew this was going to happen I hired an attorney (and a damn good one). The ATTORNEY contacted the investigator & worked with him to keep me from worrying about being arrested. My attorney kept me informed of any & everything. HE did it all. When the time came he arranged for me to post bond on the charge, turn myself into the authorities for processing (which basically means you've been arrested for this charge) & then I was released. Out on bond with a felony you are required to attend each court hearing which is really nothing but signing a pass slip showing that you were there. This is the times in which your attorney is working directly with the DA. The DA will make several initial offers (which none you will want). It took about a year before my attorney advised me that the DA was done making offers. Thankfully I didnt have to serve any prison time but trust me it is ONLY by the grace of God. My case was over $200k & you didnt say how much yours was but with embezzlement its usually high $$. My attorney got the charge reduced to Theft >=$200k. 10 years probabtion, $179k restitution, community service & varies classes. I eventually could not afford the EXTREME monthly restitution amount so I 2 years later hired the same attorney & he negotiated a settlement offer of $85k. I had to sell my house in order to do this. Sorry for the long story ...just wanted you to know that I completely understand your fears!! Please PM me if you ever would like to talk to someone who has experienced this!!