James R. Balmforth: Embezzlement Attorney

Embezzlement is a white collar crime that involves the illegal taking or appropriation of another person’s assets. If you’ve been charged with a crime, call an embezzlement lawyer right away. Embezzlement charges can range from a minor amount of money to large amounts of cash and other holdings. Frequently, embezzlement charges arise in the context of a business in which an employee, executive or president has illegally appropriated funds for his or her personal use.

Embezzlement can occur in any type of business, including banks, financial institutions, government offices and private retail businesses. These cases are often complex in nature and are best defended with the assistance of an experienced criminal defense attorney. There are a number of ways embezzlement cases can be settled or dismissed. Talk to our firm to discuss the options you may have, including paying back your employer, coming to an agreement or showing that the accusations are unfounded.

Time Is Of The Essence

If you have committed the crime of embezzlement or believe you may be the subject of a criminal investigation by state or federal agents, the best way to protect your rights is by being proactive. Retaining the service of an experienced criminal defense lawyer early in your case is extremely important.

In many cases involving a white collar crime, a resolution can be reached that results in no criminal conviction or minimizes the criminal penalties that might have resulted without the early intervention of a defense attorney. Sometimes it is possible to avoid contact with law enforcement entirely.

Breathalyzer Tests

Our firm knows how to handle the breath test results involved in your DUI case. Our aggressive DUI defense attorneys have experience with these tests, including detailed knowledge and understanding of the law as well as the science behind them. We are ready to fight for your rights against faulty or improper Breathalyzer test evidence.

Which Tests Are Used?

There are three main types of Breathalyzer tests currently in use in Utah:

Portable breath test or PBT (a field breath test model that only detects the presence or absence of alcohol)
Intoxilyzer 5000 (the breath test you see at most police stations)
Intoxilyzer 8000 (a portable model that is supposed to provide valid results that are admissible in court)

You have a right to refuse the portable breath test as well as any field sobriety tests, and our law firm can help you defend your rights if you have refused these tests before your arrest.

Dismissing The Charges

Because the implications for breath testing rely on perfect procedures and maintenance, if you were arrested for DUI based on Breathalyzer evidence, you may have a strong case to have the charges dismissed. Why?

Many officers are not certified to operate a Breathalyzer or they have an operating certification that has lapsed
Many of these machines are not calibrated properly or receive inadequate maintenance and inspection
Many procedural errors, such as PBTs that are conducted before a field sobriety test, can invalidate the results and may lead to your case being thrown out on those merits
Food and other substances can interfere with the BAC readings of the machine

Breath test evidence is notoriously unreliable. PBTs are only supposed to be used to confirm an officer’s suspicion that a driver has been drinking. Standard police procedure calls for a PBT to be used only after a field sobriety test has been administered. When officers fail to follow procedure, the entire case may be thrown out. This is why it is important to pay attention to the officer throughout your ordeal.