Defending White Collar Crime Charges
Whether it is a state criminal charge, or a federal one, any white-collar crime charge may have serious consequences for you, if there is conviction. The problem magnifies when it involves government bodies like the US Securities and Exchange Commission or the US Treasury. The wisest thing to do is to get a defense lawyer to work on the case.
It is better not to wait for the charge to consult a criminal lawyer. If you know of an investigation against you, it is a good idea to find a lawyer. All the time you wait for the charge, the authorities are preparing the case against you. Your lawyer needs time to prepare the defense as well, and you had better give him that necessary time.
How do you know that you may be the target of an investigation? Certain things may indicate this. For example, you get a search and seizure warrant that requires you to let the law enforcement go through your business records. Another indication could be facing questions from state or federal investigators.
The defense strategy to use in your case depends on the exact specifications of the issue. Your criminal lawyer is the best possible judge of which defense strategy may be the most effective in your case. However, here are a few strategies lawyers often utilize.
Pleading ‘not guilty’ to the charges and presenting an alibi – may work if your lawyer is capable of presenting enough evidence to support your alibi. Criminal cases require the prosecution to establish guilt ‘beyond a reasonable doubt’, which is the highest standard. Presenting a strong alibi creates a reasonable doubt, and may work in your case.
Utilizing the entrapment defense – may work if your criminal attorney is capable of presenting evidence to establish that a government agent/agency induced you into committing the crime, which you otherwise had no intention of committing.
Establishing that you were working under duress – may work if your lawyer argues and establishes that some other entity made you commit the crime under some threat. This, like many of the other defense, is a complex thing to establish, and requires a competent legal practitioner proficient in this field.
Working out a solution may or may not be possible for your defense lawyer. However, this is your only chance of avoiding conviction, and the penalties like jail term, probation, home detention, fines, restitution and forfeiture of property, and such others.
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