See above: It is illegal and unethical to use the criminal justice system to obtain an advantage in a civil matter. Sometimes, a person will contact a civil lawyer who advises them that the defendant will not pay if they file a lawsuit – but – if the defendant is arrested they will be squeezed and forced to pay restitution by the court. It’s not uncommon for a person who feels that they were taken advantage of or who thinks they did not get the benefit of a bargain that they made with the defendant to contact law enforcement and insist that they make an arrest. What if a homeowner contracts for a new roof and is not satisfied with the quality of the work? Sometimes money comes up missing from the till in a store, and the employee is blamed. Sometimes breach of trust cases arise when an employee borrows a vehicle and does not return it promptly or when equipment is taken from a job site and the employer blames a worker. It is illegal and unethical to use the criminal justice system to obtain an advantage in a civil matter, and some cases simply belong in the civil court. Often, a breach of trust charge results when there is a disagreement with an employer or some other person who feels that they are owed money. ![]() When Is Breach of Trust Not Breach of Trust? Or, as is often the case, it may be that this is a dispute that belongs in civil court, not criminal. In cases where the elements of breach of trust are not present, it may be that another criminal charge is appropriate. If any of these elements are not met, breach of trust is not the appropriate charge – if there is no probable cause for any of these elements, it’s a wrongful arrest… That the property was taken with the intent to defraud the alleged victim.The property that was taken was being held “in trust” for the benefit of the alleged victim and.That something was taken from the alleged victim.That there was a fiduciary, or trust, relationship with the alleged victim. ![]() ![]() To convict a person of breach of trust, the state will have to prove: When are breach of trust charges not valid and what does the state have to prove to get a conviction? What Is Breach of Trust in SC? It is a criminal charge that is often abused either because: 1) Law enforcement doesn’t understand the elements that must be proven or 2) The “victim” wants to extort money from a person in what would otherwise be a civil dispute. “Breach of trust” is South Carolina's version of embezzlement.
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