To avoid the significant penalties of nonviolent financial crimes, it is important to mount a strong defense in court. A conviction for white collar criminal activity could result in steep fines and prison time, which is why no one facing these charges should attempt to defend themselves without professional assistance. Once enlisted, a knowledgeable lawyer could explain the most effective legal strategies and help you prepare a defense for a white collar crime in DeKalb County.
The first thing that a person accused of a white collar crime should do is contact a qualified legal professional. A seasoned white collar criminal lawyer in DeKalb County could lay out every step of the investigation process and offer insight into the long path to a successful case resolution. Having defended other individuals faced with similar circumstances, an attorney who is experienced in white collar criminal defense could quickly understand an accused person’s predicament and advise them on the necessary steps to deal with the prosecution.
Each individual defense is built upon a case’s unique set of facts and circumstances. While many cases may have similar charges, the different actors, evidence, and players involved will determine the exact defense strategies that should be utilized. A person accused of a white collar crime should bring all of the available information surrounding their case to their initial consultation so their attorney can determine how to best proceed to minimize the potential ramifications of their charges.
As in all criminal cases, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. To establish this, they must meet a series of requirements. For example, one of the most common white collar crimes is wire fraud. In prosecution for wire fraud, the state or United States attorney’s office must prove several essential elements.
First, the prosecution must prove that the defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money, and that the defendant did so with the intent to defraud. Then, they must prove that it was reasonably foreseeable that interstate wire communications would be used. Finally, they must establish that the interstate wire communications were in fact used to commit the crime.
Though the latter elements may be easy to prove with the right evidence, it is often challenging for the prosecution to prove the first two elements, that the defendant voluntarily and intentionally devised a scheme, and that there was intent. The scheme and intent are proven by circumstantial evidence, the testimony of alleged victims, written communications including emails and text messages, and potentially recorded phone calls.
A skilled attorney in DeKalb County could cast doubt on the prosecution’s case by providing evidence that refutes their argument. If the evidence of the white collar crime is too overwhelming, a lawyer could also help a defendant negotiate a plea deal.
Learning that you are the subject of a criminal investigation can be an overwhelming experience, and you may not know the next steps to take. If you are facing white collar criminal charges, you should consult a DeKalb County lawyer right away to start preparing a defense. Contact us today to set up a consultation and learn more about your options.
