Facing White Collar Criminal Charges? Guthrie PLLC Has Answers.

You may be processing a lot as you sit with your recent criminal charge. However, it’s crucial to be proactive, understand the charges you face and know what’s at stake. Get the basics about white collar criminal charges and the criminal justice process by reviewing these frequently asked questions:

What rights do I have if I am arrested of a white collar crime?

You have important constitutional protections when facing white collar criminal charges; those include:

1. The right to remain silent: You don’t have to answer any questions from authorities that may lead to self-incrimination. You can tell them you want a lawyer present when they try to question you.
2. The right to challenge an illegal search: No authority can search your property or belongings without a search warrant or probable cause. The court can deem evidence obtained through an unlawful search and seizure to be inadmissible at trial.
3. The right to due process: You are presumed innocent until proven guilty beyond a reasonable doubt.
4. The right to a trial by jury: If you face criminal accusations, you have the right to a trial before an unbiased jury.

When you’re facing federal white collar charges, it is helpful to remember that you have these important constitutional rights. For more information, contact attorney Dan C. Guthrie Jr. by calling 214-953-1000.

Are white collar crimes handled in state or federal court?

White collar cases are almost always handled in federal court. Most states lack the investigative resources or experience to prosecute these cases. Statutes that are frequently used in a white collar case include conspiracy, wire fraud, mail fraud and money laundering. All of these are federal statutes.

Who prosecutes federal crimes?

Federal authorities – such as the FBI or the iRS- investigate white collar crimes and the United States Attorney’s office prosecutes them. The U.S. Attorney’s office has substantial resources and aggressively pursues prosecutions of white collar and tax fraud offenses.

Will I be treated with leniency?

Punishment in white collar cases usually follows the Federal Sentencing Guidelines. The biggest single factor for a specific offense is the amount of intended loss. Even first time offenders are normally given prison sentences and must serve almost every day of the sentence handed down.

What kind of legal strategies can protect me?

An experienced white collar criminal defense lawyer may develop an effective defense via a thorough review – and understanding of – the facts in your case. Extensive witness interviews, meticulous preparation, skillful cross-examinations, succinct presentations of physical exhibits and clear analysis of complex financial transactions are also very important. White collar cases are usually complicated, so success may rely on a defense attorney’s ability to identify a vulnerability or flaw in the prosecution’s case and explain it to the jury in a clear and understandable way.

What does the prosecutor have to prove in a fraud case?

That depends on the charges. The most difficult to prove, by far, is intent to defraud or harm. This is where your criminal defense attorney’s skill is critical. Persuading a jury that a case has not been proven beyond a reasonable doubt can be the difference between going to prison form years and walking out of a courtroom as a free person.

What should I do if I am under investigation or indicted?

Choose the best and most experienced white collar attorney you can afford. Work closely with your attorney and seek to fully understand the evidence the prosecution believes they have against you. Your attorney is your best ally, so plan to collaborate and work closely with your legal team.

What do I do if federal agents want to talk to me?

Refusing to answer questions from authorities is not illegal and it is your right to do so refuse. However, if you answer questions from them falsely, that is a criminal offense. If federal agents want to interview you, you should always consult with an experienced white collar defense attorney immediately.

What do I do if I get subpoenaed?

If you get a subpoena, it is critical that you contact a white collar defense lawyer before submitting any evidence, documentation, or talking to agents or providing testimony to a federal grand jury. You could waive important privileges you may have by simply responding to a subpoena without an experienced attorney to protect you.

What do I do if the IRS wants to talk to me?

If  Special Agents from the IRS Criminal Division want to talk to you, you should never talk to them without an attorney present. Anything you say to them can be used against you and they will be trying to build a case against you.

Knowledge Protects You

Reviewing these frequently asked questions can help you protect yourself and your rights so that you can craft an effective legal strategy by working with your attorney. If you have additional questions or concerns, Mr. Guthrie can address them promptly. Reach out via the firm’s contact page or call him at 214-953-1000.