What to Expect When Accused of a White-Collar Crime
If you’ve been arrested and charged with a white-collar crime, you may not know what to expect when faced with accusations and criminal prosecution. Working with an experienced white-collar criminal defense attorney can provide the advice and support you need to stand up for your rights and interests.
Initial Criminal Investigation
When law enforcement official prosecutors suspect you of committing white-collar crimes, you can expect to come under an initial criminal investigation before officials arrest and arraign or indict you. Accusations of white-collar criminal activity usually come from various sources, such as whistleblowers’ complaints, internal business audits, or financial institutions reporting suspicious activity. Other criminal investigations by state law enforcement agencies or federal agencies such as the FBI, SEC, or DEA may also lead investigators to identify someone as a person of interest in a white-collar investigation.
The initial criminal investigation may involve subpoenaing witnesses and documents or questioning people associated with you. In some cases, investigators may send you a “target letter” to inform you of your status as a suspect, request you preserve documents, or invite you to come in for questioning.
Arrest and Arraignment or Indictment
Once investigators have sufficient evidence, prosecutors will issue white-collar charges, and law enforcement officials will arrest you; in some cases, officials will invite you to surrender for arrest and booking to avoid the need to track you down or the embarrassment of a public arrest and “perp walk.” After your arrest and booking, you will make initial court appearances to hear the charges against you and enter initial pleas. The court will also decide whether to grant pre-trial release or bail or to detain you pending trial.
Pre-Trial Proceedings
Following the initial court hearings, a white-collar criminal case will involve several weeks, months, or years of pre-trial proceedings, including further investigation by the parties, disclosure of prosecution evidence, exchange of witness lists, and pre-trial motions, such as motions to exclude evidence or dismiss or reduce charges. In some cases, you may choose to negotiate a plea agreement with the prosecution instead of going to trial, as a plea agreement may provide a less harsh sentence than you would receive following a trial.
Potential Consequences of Conviction
If you choose to take your charges to trial, you should understand the possible consequences of a conviction. Despite their typically non-violent nature, white-collar crimes can carry harsh prison sentences, as offenses can result in significant financial losses for a large number of people. Even when you can argue for less prison time or probation, sentences may also include penalties like heavy fines and restitution – the obligation to repay victims for the financial losses they incurred due to the crime. Finally, a criminal conviction can have long-lasting consequences, including damaged personal and professional reputations, disqualification from various professional roles, and the stigma of a criminal record.
Contact a White-Collar Defense Lawyer Today
When you face white-collar criminal charges, understanding what to expect from the process can provide you with peace of mind. Let an experienced white-collar defense attorney guide you through each stage of prosecution. Contact The Law Offices of Saia, Marrocco & Jensen Inc. today for a free, confidential consultation with our team to discuss your legal options for facing your white-collar charges.