Monday, March 2, 2015

How do you prosecute someone for Embezzlement - or any crime for that matter? ~ "Best Answer" on AVVO.com ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     How do I prosecute embezzlement?  My daughter and her boyfriend stole inheritance money, $50,000 in total.


A:     Chosen as "Best Answer" by Asker!



4

Lawyers agree
Best Answer
chosen by asker
Answered Except in the loosest sense of the word, where you are the petitioner who files a civil law suit, you do not get to "prosecute" anything. Only the Office of the State Attorney is authorized to file criminal charges.

That said criminal charges usually begin with someone, like you, filing a report either with the police or directly with the Office of the State Attorney, and if you wish for your daughter and her boyfriend to be prosecuted then it all starts there.

Go file a police report. If the cops don't make an arrest then go to the State Attorney's Office and ask them how you can file a report with them. (Sometimes the police try to steer away claiming that it's a "civil matter".  If they do this then don't argue with them, just ask for a police case number -0 they have to give you one - and walk out.)

That said, if you want to make sure that this is all done correctly then you can hire your own criminal defense lawyer to serve as your personal Victim's Right's Advocate.

In Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida's State Constitution) and by statute (see: Chapter 960 Florida Statutes). Still, in Florida, the State Attorney is empowered to bring criminal charges to bear on behalf of all of the people of the State, the victim being only one of those millions of people (albeit usually an important one to the success of their case). If you want to increase your odds at having the State pursue your interests then you can hire your own criminal defense lawyer to serve as your Victim's Right's Advocate.

No one can control what the State does on behalf of the people, but you will increase your odds at achieving a favorable outcome if you have an effective victim's rights advocate pursuing your agenda if you have an effective victim's rights advocate pursuing your agenda. Many criminal defense lawyers serve as effective victim's rights advocates. Many criminal defense lawyers serve as effective victim's rights advocates.

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 


Michael A. Haber, P.A.:   Creative, effective and zealous criminal defense advocacy since 1991.

At Michael A. Haber, P.A. "Its all about reasonable doubt".

Michael A. Haber, Esq. is prepared to speak with you about your case!









THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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