A criminal charge is a serious matter, whether it is classified as a misdemeanor or felony offense, and the person charged must respond accordingly. While a misdemeanor is less serious than a felony, both can affect a person’s life in drastic ways, from jail time to having a criminal record. A person who is charged with a crime may raise any number of defenses to negate the charge or to reduce the severity of the offense. If you have been arrested or charged with a crime, the most important step to take is to contact an experienced criminal defense attorney from Maryland. Every state’s criminal laws differ to some extent. A local criminal lawyer would know how to provide the best defense for your case under the circumstances.
In a recent criminal case, a woman appealed her conviction for theft and embezzlement. The charges stemmed from allegations that the defendant took money from a joint bank account on which she was named a joint owner with her father. A trial was held over two days, and the court found the defendant guilty of theft and fraudulent misappropriation by a fiduciary. She was sentenced to eight years, with all but 18 months suspended, for theft and five years unsupervised probation. The defendant appealed the ruling, asking how a person who was added to a bank account as a joint owner with the intention of having an ownership interest can be guilty of theft from the joint account.
The court of appeals reviewed the facts as presented at trial. The “victim” was 84 years old and asked one of his three daughters (the defendant) to assist him with his banking needs. The victim added the defendant to his bank account as a joint owner. He testified at trial that the money was his and not the defendant’s, and that he only placed her on the account to take money out for him if he was unable to get it himself. From 2006-2009, $181,670.09 was withdrawn from the victim’s IRA, and $251,645.83 was taken from his account. The defendant denied taking money from the IRA without her father’s authorization. She also denied taking any money from the account for her own benefit.