rollthedice
Junior Member
Pre-Trial in California
I was appointed treasurer of the Masonic Building Association for my local Masonic Hall. I was given full signing authority on the business checking account. My responsibilities included payroll, petty cash reimbursement and accounts payable. I ran into some unforeseen circumstances and made an executive decision to write myself a check from the business account, as a short tem loan. Unfortunately, I was unable to repay the debt promptly. I immediately brought the problem to the attention of several other association members. I provided them with all of the check copies and a consolidated list of my debt. I was told that things would be "worked out". I went to the next business meeting and apologized openly about this incident and offered up a payment in good faith. The payment was denied.
Next thing I know I am getting arrested at work and I am blackballed from the Masonic Lodge. The members are telling me that I need to talk to my lawyer. My laywer has me pinned as admitting guilt to felony embezzlement and the DA is unwilling to negotiate. They are offering a reduction to a misdemeanor after restitution is paid if I plead guilty to a felony. I will not plead guilty to a felony so it looks like we are going to trial. My attorney thinks that we have no defense because it’s obvious that I wrote the checks. I am not disputing the fact that I owe the money, I am disputing the fact that I embezzled it. From what I understand my intent is the question. My intent was to repay the debt as quickly as possible. If I had, we certainly would not be in court. I never set out to maliciously defraud the institution.
As a side note, I have a stable career as an Anti Money Laundering Investigator with a large financial institution. An assault case would put me in a better position than this. My degree, career and future are at stake.
Should I roll the dice and go to trial against a jury of my peers? Should I attempt to negotiate for a better deal? If so, How? Should I request that the case be moved to civil court?
Any advice would be greatly appreciated. Thanks!
I was appointed treasurer of the Masonic Building Association for my local Masonic Hall. I was given full signing authority on the business checking account. My responsibilities included payroll, petty cash reimbursement and accounts payable. I ran into some unforeseen circumstances and made an executive decision to write myself a check from the business account, as a short tem loan. Unfortunately, I was unable to repay the debt promptly. I immediately brought the problem to the attention of several other association members. I provided them with all of the check copies and a consolidated list of my debt. I was told that things would be "worked out". I went to the next business meeting and apologized openly about this incident and offered up a payment in good faith. The payment was denied.
Next thing I know I am getting arrested at work and I am blackballed from the Masonic Lodge. The members are telling me that I need to talk to my lawyer. My laywer has me pinned as admitting guilt to felony embezzlement and the DA is unwilling to negotiate. They are offering a reduction to a misdemeanor after restitution is paid if I plead guilty to a felony. I will not plead guilty to a felony so it looks like we are going to trial. My attorney thinks that we have no defense because it’s obvious that I wrote the checks. I am not disputing the fact that I owe the money, I am disputing the fact that I embezzled it. From what I understand my intent is the question. My intent was to repay the debt as quickly as possible. If I had, we certainly would not be in court. I never set out to maliciously defraud the institution.
As a side note, I have a stable career as an Anti Money Laundering Investigator with a large financial institution. An assault case would put me in a better position than this. My degree, career and future are at stake.
Should I roll the dice and go to trial against a jury of my peers? Should I attempt to negotiate for a better deal? If so, How? Should I request that the case be moved to civil court?
Any advice would be greatly appreciated. Thanks!