If you or a loved one find yourselves in a difficult situation, we understand the urgency and stress that comes with it. At Angels Bail Bonds, we specialize in providing the support and assistance needed to secure bail for embezzlement charges.
Learn the basics about the bail process for felony embezzlement charges, and then contact Angels Bail Bonds today. Let us be your trusted partner in navigating the bail process for felony embezzlement charges. We are here to help you regain your freedom and prepare for your legal journey.
What is Bail?
Bail in California refers to the amount of money or property that a defendant or their surety (a person responsible for the defendant’s appearance in court) must deposit with the court to secure the defendant’s release from custody while awaiting trial.
The purpose of bail is to ensure that the defendant appears in court for all scheduled hearings and does not flee before the trial. A county bail schedule or table determines bail amounts. Still, a judge can deviate from the schedule based on various factors, including the severity of the offense, the defendant’s criminal history, and whether the defendant is a flight risk. If the defendant fails to appear in court, the bail is forfeited, and a warrant may be issued for their arrest.
What are Bail Bonds?
When you find yourself in a situation where you can’t afford to pay for your bail, bail bonds might be the solution for you. A bail bondsman, who a bail bond company employs, will charge you a fee in exchange for providing the payment. Bail bond companies in California charge only 10% of the total bail amount to post-bond for a defendant. So, if the cost of bail is $20,000, the bondsman will charge $2,000 instead of the full amount. While this may still seem like a lot of money, it’s much more affordable than paying the entire bail amount, especially on extremely high bail amounts for some serious felonies.
Those rates can be as high as 20% for some immigration and federal charges because these rates are set by law, and all bail companies must charge the same amount. Despite the costs, using a bail bondsman can be a lifesaver for those who cannot afford the financial burden associated with being released from custody on bail.
What Happens at a Bail Hearing?
The amount of bail is normally set at the person’s initial court appearance, often known as the arraignment stage or pre-trial detention. A judge can either release a person on their own recognizance (OR) with a promise to appear in court at a later date or deny their OR.
If the charges are infraction offenses or even some misdemeanor offenses—such as a DUI with no accident injuries or significant property damage— the person will usually be released without bail after being arrested. More serious felony charges, like assault with a deadly weapon or even murder, will not have OR as an option and will only be released from custody on bail.
You must pay the bail amount or post a bail bond on the bail schedule. An arresting officer might ask for a higher bail amount than what the schedule suggests.
What Factors Influence a Defendant’s Bail Amount?
The bail bond process starts when a defendant is in front of a judge to determine bail. Then, several factors are put into play, including the severity of the crime, criminal history, whether the defendant is a flight risk, community ties, financial resources, their potential danger to public safety, and even mental health are considered when determining bail amount.
The bail schedule further gives guidance for all criminal charges, with the judge having some leeway in the specific amounts, as mentioned. And even if they’re allowed out on bail, the defendant might have to be placed under house arrest, be prohibited from owning any deadly weapons or placed under electronic monitoring.
Have you been charged with criminal Felony Embezzlement PC 503?
If you’ve been charged with a criminal offense like felony embezzlement, you or a loved one must contact the experts at Angels Bail Bonds immediately. Our team of bail bondsmen and criminal defense lawyers provide assistance during pre-trial detention at no extra cost, including nationwide.
What is the Crime of Embezzlement?
According to Section 503 of the California Penal Code, embezzlement is a type of theft defined as the fraudulent appropriation of property by a person to whom it has been entrusted with the intent to deprive the owner of the property.
In simpler terms, it refers to the act of misappropriating or stealing assets that have been entrusted to someone’s care or control. This can include money, goods, public funds, or other valuable assets. California has some of the broadest embezzlement laws, as someone can be charged with it even if they don’t keep the goods or money indefinitely.
Let’s take a look at two examples of instances of embezzlement:
- Imagine a mechanic who might let their friends take one of the cars entrusted to them for a joy ride, even if they don’t plan on keeping them. But they’re delaying the return of the car to its owner, maybe lying that it’s taking more time to repair. Even if it’s only temporary, they are depriving the rightful owner of the property in question using a position of trust and thus can be charged as theft by embezzlement.
- Another example would be someone named John, who works as an accountant for a large corporation. Over a period of several years, he gradually diverts small amounts of money from the company’s accounts into his personal bank account for financial gain. He covers his tracks by manipulating financial records and creating false invoices. Eventually, the company discovers the missing funds, and an investigation reveals that John committed embezzlement of funds of hundreds of thousands of dollars.
It’s a wobbler crime, meaning it can be charged as either a misdemeanor or a felony, depending on the amount of goods stolen and other factors.
Types of Felony Embezzlement Charges in California
Embezzlement can be classified into two types, either petty theft embezzlement or grand theft embezzlement, based mostly on the amount of goods or money deprived from the property owner.
Petty theft is almost always a misdemeanor charge, while grand theft is a felony offense.
Petty Theft Embezzlement
Embezzlement can carry petty theft charges if the value of the embezzled property does not exceed $950. Petty theft is generally considered a misdemeanor offense, punishable by a maximum of six months in county jail and/or a fine of up to $1,000.
Grand Theft Embezzlement
However, if the value of the embezzled property exceeds $950 or if it was an automobile or a firearm, it may be charged as grand theft, which can lead either to a misdemeanor or a felony conviction, depending on the circumstances and the value of the stolen property.
Theft by False Pretenses
Similar to embezzlement is theft by false pretenses, as defined by PC 532. It refers to the act of unlawfully obtaining someone else’s property or money by intentionally deceiving them through false statements, representations, or pretenses. This form of theft involves the perpetrator persuading the victim to part with their property or money based on false information, also violating a relationship of trust, with the intent to defraud them. It is crucial to note that the false pretenses must be material to the victim’s decision to hand over their property, and the perpetrator must have the specific intent to deceive and defraud the victim, which is not the exact case in embezzlement. However, they sometimes coexist in many cases.
Penalties in Felony Embezzlement Cases
As mentioned, embezzlement is classified as a wobbler offense. It can be charged as either a misdemeanor or a felony, depending on the amount embezzled and the defendant’s criminal history.
If the embezzled amount is less than $950, the offense is typically charged as a misdemeanor. The potential penalties for misdemeanor embezzlement can include:
- Up one year in county jail
- And/or a fine of up to $1,000.
If the embezzled amount is $950 or more, the offense is usually charged as a felony. The penalties for felony embezzlement can include:
- Prison time ranging from 16 months in jail to up to three years.
- A fine of up to $10,000 or double the amount embezzled (whichever is greater).
- A felony conviction can result in other consequences such as probation, restitution to the victim, and limitations on future employment opportunities.
It’s important to note that these penalties are subject to change and can be influenced by various factors, such as the defendant’s criminal record, the amount embezzled, and any aggravating or mitigating circumstances. It is advisable to consult with a legal professional for accurate and up-to-date information regarding specific cases.
Average Bail for Felony Embezzlement
Felony Embezzlement in the California Penal Code is PC 503, and initial bail is set on the schedule at $20,000 to $50,000. However, this varies throughout Southern California, with some individual counties like Orange County charging $20,000 for petty theft alone but probably less for embezzlement, for example.
You Need An Experienced Bail Bond Agent That Specializes In Felony Embezzlement Defense
The bail bond process for a felony embezzlement charge is serious and without expert help at your side, as the standard bail for felony embezzlement is $20,000 to $50,000. Nonetheless, a bail bond company and a criminal defense attorney can aid you during this challenging time and help you and your loved one obtain that money.
Legal Defense Against Felony Embezzlement
One very common defense is the lack of intent to commit embezzlement. This defense asserts that the accused did not intentionally misappropriate funds or property and may argue that any actions taken were unintentional or accidental. For example, they may claim that they mistakenly believed they had permission to access the funds or property.
Another defense is the lack of ownership or control. This defense argues that the accused did not have legal ownership or control over the funds or property in question. They may argue that they were merely acting as an agent or employee, like using a credit card with employee funds, and any actions taken were within the scope of their job responsibilities and not criminal activity.
This can be particularly effective if there is evidence that the accused had permission or authority to handle the funds or property.
Mistaken identity can also be asserted as a defense. This defense claims that the accused was wrongly identified as the perpetrator of the embezzlement and that there is a case of mistaken identity. The defense may present evidence, such as alibis or witnesses, to support the claim that the accused was not present or involved in the alleged embezzlement of any private or public money.
A defense based on lack of evidence can also be utilized if there is insufficient proof to establish guilt beyond a reasonable doubt. The defense may argue that the prosecution has not presented enough evidence to prove that the accused committed the crime of embezzlement. They may challenge the credibility or reliability of the evidence presented, highlighting any inconsistencies or weaknesses.
It’s important to note that every case is unique, and the success of these defenses will depend on the specific circumstances and evidence involved. Consulting with an experienced criminal defense attorney is crucial for individuals facing embezzlement charges in California to determine the most effective defense strategy.
Free Consultation & Case Review
Do you know someone who has been arrested for felony embezzlement? Look no further because we are here to help. At Angel Bail Bonds, we work with experienced and knowledgeable bail agents and criminal defense attorneys to be your best option, even in cases where you need bail for theft or felony embezzlement. We offer flexible payment plans and affordable rates to make the process more manageable for you and your loved ones. If you have any questions about how bail laws and the bail bond process work or if you need assistance helping a loved one in Los Angeles, San Diego, Riverside County, or anywhere else in Southern California, don’t hesitate to call us today.
