Navigating Fraud & White-Collar Crime Charges: Defense Strategies for Business Professionals
White-collar criminal cases require a strategy from the very first moment that you learn that you are under investigation. The experienced Florida white-collar criminal defense attorneys at Alers Law Firm can tailor your defense to the circumstances of your case.
There are a variety of outcomes in a white-collar case, and what you do at the outset can help determine the direction in which your case goes. From early engagement with the prosecutor to resolving your case without trial to mounting an aggressive legal defense, you always have options. The key is to know early how you intend to address your case.
You need to speak with a white-collar defense attorney immediately once you learn you are under investigation to both avoid mistakes and plot legal strategy. Schedule an initial consultation with a Florida white collar crimes defense lawyer at Alers Law Firm by calling our law firm at (407) 930-4888.
You Can Engage with the Prosecutor Early
White-collar criminal cases are different from other types of potential charges in that there may be early engagement with the prosecutor prior to an indictment. The prosecutor may conduct an extensive investigation prior to the point where they seek an indictment from the grand jury. In many cases, it is common for the person who is being investigated to have a conversation with the prosecutor before any potential indictment. The best possible result is that the prosecutor may decline to seek charges in the first place.
Notwithstanding that possibility, proactive early engagement can help your case in one of several ways:
- You may be able to shape the narrative with the prosecutor before they fully learn more about the case through other means of Investigation
- If you eventually plead guilty to the charges, you may gain credit for cooperation under the United States Sentencing Guidelines
- You can potentially narrow the scope of charges that are eventually filed against you, or your cooperation may lead to lesser charges
Negotiating a Resolution to Your White Collar Case
If your white-collar crimes defense attorney advises early cooperation with the prosecutor, you may be able to negotiate the following:
- A Deferred Prosecution Agreement: The government and defendant reach a contractual agreement in which the prosecutor suspends charges that have already been filed with the court in exchange for the defendant following the conditions in the agreement.
- Non-Prosecution Agreement: This is similar to a deferred prosecution agreement, although here the defendant is never formally charged with a crime.
- Plea bargain: A negotiated resolution before charges are actually filed is common practice in white collar criminal law. The defendant can agree to plead guilty to certain charges, and the government files them in court as part of the agreement.
One key protection that you have if you engage with prosecutors before charges are filed is that rules of evidence do not allow statements that you make in these negotiations to be used against you directly in court. Still, you must manage this process carefully because prosecutors may be able to use the statements against you in some ways.
Preparing to Defend Against Your Case
If a defendant does not want to engage early with the prosecutor, or they are unable to reach any type of resolution, they have options available to them for how they will defend against the case. White-collar criminal cases require detailed and well-planned defenses.
One of the major ways that you would defend against what color criminal charges is by attempting to negate the element of intent. Nearly all white-collar criminal charges require that the prosecutor prove that you acted willfully and knowingly. The most obvious defense is to argue that you did not do what the prosecutor is alleging. Even if you did engage in some of the conduct, your white-collar criminal defense attorney may argue the following:
- You believed that your actions were legal at the time
- You relied on the guidance from professionals, such as lawyers and accountants
- You made a mistake in judgment, or you were careless, but you did not act with criminal intent
If you take your case to trial, you can also challenge the government’s evidence and present proof of your own. White-collar cases often rely on nuanced testimony from forensic experts that each side presents in court. If the government is improperly seeking to introduce evidence in your case, your white-collar criminal defense lawyer can move to suppress it.
Contact a Florida Criminal Defense Law Firm
If you learn that you are being investigated for an alleged white-collar crime, the Florida criminal defense attorneys at Alers Law Firm can immediately get to work in building a defense strategy for your own case. You should not wait to schedule an initial consultation, and you can do that by messaging us online or calling us today at (407) 930-4888.
