How to Know Your Rights If You're Convicted of Embezzlement

Embezzlement is defined as the appropriation of money or property obtained fraudulently because of a person's position of trust within a company or organization; it counts as a felony in most states. A criminal conviction carries serious repercussions that can impact the rest of your life, but you should also know that you are entitled to basic rights.

Instructions

Difficulty: Moderately Easy

Things You’ll Need:

• Computer with Internet access

Know Your Rights After Your Conviction

1. You have the right to appeal. Anyone convicted of a crime is entitled to a first appeal; any subsequent appeals are dependent on the rulings of the various appellate courts as you ascend through the tiers. You also have the right to an attorney. If you cannot afford one, the court will provide you with a public defender.
2. Different motions are available to people convicted of embezzlement. Appeals include motions for acquittal, a new trial or mistrial.
3. During your trial and throughout your appeals, you have the right to study any the prosecution plans to present. You and your attorney should examine all business records, employee interview transcriptions and other documents the state intends to use against you. If the prosecution does not turn over evidence relevant to your embezzlement charge, you may file a Freedom of Information Act request to obtain them.

Know Your Rights In Prison

4. Prisoners cannot be subjected to ''cruel and unusual punishment.'' Although these terms are open to interpretation, as a general guideline, prisons cannot subject inmates to conditions that negatively affect their physical or mental health and cannot deny them access to basic human needs such as food, warmth and toilet facilities.
5. You are entitled to medical care in jail or prison. The standard is "adequate" healthcare, which means the prison must attend to your basic medical and health care needs.
6. You have the right to be free from sexual harassment and other sexual crimes. This applies to harassment from prison or jail staff as well as from other inmates.
7. You have the right to make complaints regarding inadequate medical care or living conditions. You can make those complaints in court.
8. Contact the American Civil Liberties Union (see Resources below) if anyone violates your rights. The ACLU protects the rights of all Americans, including prisoners.

Tips & Warnings

• People convicted of embezzlement are often ordered to pay restitution for their crimes. If you don't have the funds to cover the amount of your embezzlement, your property can be repossessed and your house foreclosed on.
• Spending time incarcerated can affect your mental health. Prisoners have the right to mental health care and, if the doctor prescribes, medication.