This is the next post in my series on the handling of embezzlement charges in Peoria, Illinois. My last article discussed how Miranda violations can impact an embezzlement case. It is not uncommon for state or federal law enforcement officials to violate a defendant’s Fifth Amendment rights. Any self-incriminating statements, which result from such a violation, may possibly be excluded from the Court’s proceedings. If you or a loved one have spoken to law enforcement, after being arrested, then it is important that you retain a criminal defense lawyer who is experienced in handling such matters. In this article I will discuss the potential need for expert witnesses in such matters. If you are in need of assistance then contact my office to speak with an attorney.
The rules of evidence do not allow a layperson to testify in regards to issues which involve matters which involve specialized knowledge, training, or skill. Only individuals who are deemed experts, by the Court, may testify in regards to such matters. This means that in complicated financial fraud cases, which also often involve claims of embezzlement, the prosecution will likely be required to utilize a forensic accountant. This accountant will make a case, to the jury, that a crime has occurred and that the defendant was the perpetrator. The defense will have the opportunity to retain its own experts. It is up to the jury to decide which professional, if either, is to be believed. The jury will also decide the weight to be given to each expert’s testimony.
Another common need for experts in embezzlement cases stems from disputes as to the value of property which may have been misappropriated. Charges may stem from the taking, sometimes on an ongoing basis, or company property or assets. Depending on the nature of the items, there may be a legitimate dispute as to the value of what was taken. The outcome of such a dispute is vital due to the fact that the level of charges, and the length of a potential sentence, will be based on the value of the misappropriated items. A defendant, therefore may wish to retain an expert to challenge the value of such items. Whether an expert is required, and the types of facts one would testify to, will depend on the particulars of the case.
If you are charged with embezzlement, and an expert is required in your case, then it is important that you retain an attorney who is experienced in dealing with such professionals. Failing to properly introduce evidence or testimony from your expert can result in their opinions not being considered by the jury. As a former prosecutor, I am familiar with the workings of our local court systems. Contact my office today to speak with a Peoria criminal defense lawyer. We also service the cities of Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. We also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.