White Collar Criminal Defense
White collar crimes can be confusing, but it typically refers to crimes that are not related to drugs, gun possession charges, and violent offenses. A few types of white collar offenses include public corruption and fraud.
With white collar charges, there are three factors that should be considered that include when the accused will get the opportunity to talk, if the accused should talk to police officials, and if an individual should go to trial. Common white collar cases include:
- Tax offenses;
- Computer and Internet crimes;
- Real Estate fraud;
- Healthcare fraud;
- Bankruptcy fraud;
- Immigration fraud;
- Securities crimes.
What is the Procedure for White Collar Cases?
There are three phases to a federal criminal case, which include pretrial, plea or trial, and sentencing.
During pretrial, an individual will be charged, and it will be decided if he or she will be put in jail or released. If released, the conditions of the release must be established during this time. Furthermore, the Assistant United States Attorney has the burden of providing evidence regarding the accusations against you at this time. Pretrial motions will also be filed that typically involve dismissal motions, and the defense can file motions to have certain evidence thrown out.
Plea or Trial
During this time, an individual may enter a guilty plea. Those who enter a guilty plea will be sentenced. There are other defendants who decide to take the case to trial. If an individual is found guilty, the case will move to sentencing. There are several questions that a white collar criminal defense attorney can answer, which include:
- What is federal sentencing like?;
- What occurs before sentencing?;
- What are the guidelines of federal sentencing like?;
- How does immunity work in white collar cases?;
- What should you do if you want to attempt to overturn a guilty verdict in a white collar case?;
- What is the white collar federal criminal appeal process like?
Possible Defenses to a White Collar Criminal Case
White collar charges should always be taken seriously. With most cases, prosecuting attorneys will attempt to have those who are convicted of white collar offenses sent to prison. One factor that influences a white collar charge is if the accused had intent. There are instances where an individual made a mistake, and some individuals can prove that they had no personal benefit in their actions.
Another defense that can be used is entrapment. This happens when a government official influences an individual to engage in criminal activity that he or she would not have otherwise took participated in.
Duress is another defense that can be used to fight a white collar criminal charge. There are cases that involve another individual threatening the accused with bodily harm if he or she did not participate in the criminal activity.
What are the Penalties for White Collar Criminal Convictions?
If convicted of a white collar crime, penalties may include:
- Community confinement;
- Home detention;
- Supervised release;
- Monatory fines;
The Federal Bureau of Investigation estimates that white collar crimes cost the US more than $300 billion each year. While the government typically charges individuals for white collar crimes, corporations can be charged with these crimes as well, which is why it is imperative to have an experienced criminal defense attorney by your side. The penalties for white collar crime may be reduced when the accused takes responsibility for their offense.
Why do You Need a White Collar Criminal Defense Attorney?
An experienced criminal defense attorney can ensure that your rights are protected if you are facing a white collar criminal charge. It is also important to get an attorney as soon as you can because he or she can provide you with specific guidance regarding white collar offenses.