New Jersey White Collar Criminal Defense
What Is A White Collar Crime?
White collar crime is typically committed by people who are in the business world. Money laundering, insurance fraud, insider trading and tax evasion are some examples of some of the things that can be classified as a white collar crime.
White collar crimes can also be international. The Foreign Corrupt Practices Act prevents people from making payments to government officials outside of the country in order to secure business. Not only does the Foreign Corrupt Practices Act apply to bribery, but it can also apply to money laundering.
Defense Strategies for White Collar Crimes
In order for you to be charged with any crime, there has to be evidence to prove that you actually did it. That is why your attorney will examine the evidence being used against you and look for holes in the argument.
Show Lack of Intent
The prosecutor has to be able to prove intent. Even if you were engaged in fraud, you may still get your charges dropped if your attorney can convince the judge and the jury that you did not intend to commit fraud.
Lack of Knowledge
If there are multiple parties involved in a white collar crime, then the prosecutor has to be able to prove that you knew you were engaged in fraud.
Coercion is the act of forcing someone to do something. If you were coerced into doing something, then this is a defense that you can use in court.
Entrapment occurs when a law enforcement official or police officers get people to commit crimes that they would not have otherwise done. The official or police officer uses intimidating tactics in order to get a person to commit the crime. Force, threats and fraud are examples of some of the ways that people can be convinced to do something that they would not otherwise do.
The Victims Are Guilty
If you are working with another organization that is also committing a white collar crime, then they will not be able to seek restitution. You may also be able to get your charges dropped.
Statute of Limitations
There is a Statute of Limitations that will apply. If someone who attempts to file a lawsuit after the Statute of Limitations expires, then it will likely be thrown out.
If you plead guilty, then you may be able to get a lighter punishment. An attorney can tell you whether it is a good idea to take a plea bargain.
Why It Is Important for You to Hire A White Collar Criminal Defense Lawyer
There is a lot on the line if you have been accused of a white collar crime. Not only is your reputation and career on the line, but your freedom is also on the line. If you have a criminal conviction on your record, then it can be hard for you to obtain a professional license or get an educational scholarship. It can also be hard for you to get a job.
Your case will likely end up in court. That is why you need a New Jersey white collar criminal defense attorney. Your lawyer will fight hard for you. Their goal is to ensure that your case has a favorable outcome so that you can return to your normal life.
It is important to note that getting legal representation does not make you look guilty. In fact, this is one of the best things that you can do. You need to have an attorney to help with your case so that you avoid saying anything that can incriminate you.
Why You Will Need to Choose Our Attorney
Our attorneys have handled many cases that are similar to yours. Regardless of how bleak your case looks, our attorneys will fight hard to ensure that your case has the best outcome possible. Everyone is presumed innocent until they are proven guilty. We will come up with a strategic defense strategy. Your case will be able to be resolved as quickly as possible.
All attorneys are not created equal. That is why if you or one of your loved ones have been accused of a white collar crime, then you will need to contact us and schedule an appointment.
Stress of federal investigations
Federal investigations can put an individual under a considerable amount of stress and strain. Investigators can pry into practically every part of a person’s life. With a search warrant, they may ransack a person’s home and rifle through all of their belongings. All of a person’s digital applications are subject to an extensive search. Investigators can talk to a person’s family, friends, and work. They can go through bank records and recover the multitude of digital information that a person tried to delete from their hard drives.
They can jeopardize a target’s career and relationships. In some instances, federal investigators want to put pressure on a person to confess to a crime or to testify against another individual. In order to do this, they may take actions that are legally or morally questionable. All of these factors can combine to make a federal investigation a significant detriment to a person’s life. The stress is partially the point of the investigation. Federal investigators want a confession and a plea deal. They want to be able to convict the individual involved and have that person testify to any crimes that they may have known about from other people.
Possible time limits
The main way that an investigation ends is when it runs up against the statute of limitations. A statute of limitations is a law stating that a person cannot be charged with a crime after a certain period elapses following the commission of the crime. For instance, if a person is investigated for bank robbery and the statute of limitations is five years, that person cannot be charged six years after the crime has occurred. Only certain serious crimes, such as murder and terrorism, do not have statutes of limitations in any system.
These statutes were put in place to prevent investigators from hounding individuals for years or even decades after an alleged crime is committed. They were enacted with the knowledge that evidence eventually grows stale and is no longer useful to a state or federal government. In some instances, the statute of limitations does not completely halt an investigation. It may simply force the federal government to file charges prior to a particular deadline.
In that case, an individual has more rights and power. They have the right to discovery and to know the evidence that has been collected against them. They also have more leeway to publicly discuss the case and eventually get it thrown out from an impartial judge. Charges are not the most desirable outcome of an investigation. But they can help ensure that the investigation ends relatively quickly.
What to do
Anyone who is currently being investigated by the federal government needs to immediately seek the help of an attorney. This attorney will inform them of any and all statutes of limitations regarding their alleged crimes. They will also be able to keep overzealous investigators away from a particular target. In instances where investigators are overstepping their bounds, a lawyer can bring an injunction that keeps investigators far away from the individual and gets any charges that result from the investigation thrown out. In most cases, investigators will back off and act legally if they know that the target is being represented by a competent, capable defense attorney.
A federal investigation is always a serious manner. Individuals should be honest with investigators and do nothing to impede their investigation. But they should also hire a lawyer and keep in touch with that lawyer surrounding any potential violations of the law committed by federal investigators. There are statutes of limitations and other confining concepts that constrain the activities of these men and women. A lawyer is essential to ensuring that a person is protected from these many potentially illegal and immoral actions.