Can Embezzlement Charges Be Dropped? A Guide for Defendants

On Behalf of Stanton D. Levenson, P.A. Law Offices

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Jul 05, 2025

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Embezzlement,State Criminal Defense

Being accused of embezzlement can leave your future hanging in the balance. If you were recently charged with this white-collar crime, you may be wondering, “Can embezzlement charges be dropped?” An embezzlement case often involves complex financial records and employer allegations that can carry lasting consequences. Understanding how embezzlement penalties are applied is essential when preparing a strong legal defense.

Top Reasons Criminal Charges Are Dropped

The criminal courts in Pennsylvania are a system of justice where anyone accused of committing a crime has the right to defend themselves. The judge overseeing a case is expected to play a neutral role in the outcome of a case as both prosecutors and defense attorneys make legal arguments and present evidence supporting those arguments.

When the defense presents evidence that clearly shows that no crime was committed or the wrong person was charged, the courts have an obligation to take those new findings seriously. In some cases, the district attorney’s office may be alerted that a new suspect has been arrested. If the defense discovers new evidence, it can be presented in court through a Motion to Dismiss or other remedy.

These steps can lead to dropped charges, particularly when the prosecution no longer pursues criminal charges. Another reason criminal charges can be dropped is that the prosecution lacks sufficient evidence to support a conviction. This can happen for a number of reasons, including findings that the case was never based on solid evidence or situations where a witness recants their testimony.

Although there are never guarantees that the prosecution will support dropping charges, findings that support the defendant’s innocence should be taken seriously by the courts. Often, it takes further steps by the defense attorney to ensure that the right steps are taken and the correct motions are filed to have their client’s charges dropped.

Special Considerations for Embezzlement Charges

Embezzlement charges offer unique opportunities for defendants and potential challenges for prosecutors in Pennsylvania. For example, prosecutors must prove that the accused intentionally misappropriated funds or property they were entrusted with.

If your attorney can show there was no intent to defraud, such as a bookkeeping error or misunderstanding, it may weaken the prosecution’s case. Evidence that the defendant voluntarily paid restitution or cooperated with law enforcement during the investigation could also influence the decision to reduce or drop charges.

When the prosecution lacks clear documentation or there are conflicting witness statements, your embezzlement attorney can use those facts to push for a dismissal.

Must-Know Embezzlement-Related Stats and News Stories

White-collar crimes involving fraud and embezzlement continue to be a significant concern across Western Pennsylvania. In fiscal year 2023, the U.S. District Court for the Western District of Pennsylvania handled 530 federal cases. Of those, 56 involved fraud, theft, or embezzlement, meaning those white-collar crimes accounted for approximately 10.6% of all federal sentences in the district.

One notable case involved a 60-year-old former attorney from Jamison in Bucks County. On April 28, 2025, he was sentenced to one year and one day in federal prison, followed by three years of supervised release. His offenses included bankruptcy fraud and making false statements to federal investigators, resulting in losses exceeding $160,000.

In a more localized example, Jaella Richard, the former treasurer of the South Fayette Township Youth Football Association, was charged in early July 2025 with embezzling nearly $60,000 from the organization.

These cases show how embezzlement can impact both large institutions and small community groups.

FAQs

Q: Can Embezzlement Charges Be Dropped if the Victim Doesn’t Show?

A: Embezzlement charges cannot always be dropped if the victim doesn’t show. While a victim’s absence may weaken the prosecution’s case, it does not automatically lead to dropped charges. Prosecutors can still pursue embezzlement charges using documents, witness statements, or financial records. However, if the victim is a key witness and refuses to cooperate, the defense may argue that the state lacks sufficient evidence to move forward with the case.

Q: Do Prosecutors Have an Ethical Obligation to Consider Dropping Charges?

A: In cases where the prosecution clearly lacks evidence to support its case or new evidence shows that the defendant did not commit a crime, prosecutors do have an ethical obligation to consider dropping charges in the interests of serving justice. There is no guarantee that they will do so, though, which is why the decision to hire an embezzlement lawyer is crucial.

Q: How Do I Beat an Embezzlement Charge?

A: Beating an embezzlement charge requires challenging the element of criminal intent or showing errors investigators made when interpreting financial records. The prosecution must prove that you knowingly misappropriated money or property. A defense attorney may use consultant testimony and audit discrepancies to demonstrate that you did not act with criminal intent.

Q: Can an Embezzlement Charge Be Settled Out of Court?

A: In some cases, embezzlement charges may be resolved outside of court through restitution agreements, especially for first-time offenders. Most criminal charges are resolved without the need for going to trial. These arrangements do not always guarantee an outright dismissal of any charges, but may result in reduced charges or outcomes that allow you to avoid time in jail or prison.

Q: Can Prosecutors Be Persuaded to Drop Criminal Charges?

A: Prosecutors can potentially be persuaded to drop criminal charges. They may choose to drop charges if the evidence is weak, witnesses are unreliable, or constitutional violations occurred during the investigation. A skilled criminal defense attorney can present mitigating facts that show you did not act with criminal intent. They can also expose flaws in the state’s case so that you do not face the most serious penalties under the law.

Find Effective Solutions for Your Embezzlement Charges

Embezzlement charges often arise in high-trust roles and can lead to serious criminal penalties and lasting career damage. Even if the amount in question seems minor, prosecutors may pursue felony charges, especially in federal court. Defending yourself against claims of financial misconduct requires a precise, well-prepared legal strategy.

At Stanton D. Levenson, P.A. Law Offices, we offer the experience and professionalism you need. Stanton Levenson is a Harvard Law graduate with over 40 years of criminal defense experience. Partner Amy Levenson Jones brings additional federal court insight as a former judicial law clerk. Contact our office today so we can begin fighting your embezzlement charges.