If you have been charged with a white-collar crime, it is crucial to understand the potential consequences. You could be facing jail time, substantial fines, and a permanent criminal record that can significantly impact your future educational, career, and housing prospects. This is a serious matter that requires immediate attention. Working with an experienced defense attorney is not just advisable but necessary. Your attorney will meticulously analyze all the factors in your case and develop the best legal defense strategy possible, giving you the best chance of a favorable outcome.
It is natural to feel discouraged when facing a white-collar crime charge, but it is important to remember that these cases are rarely impossible to beat. The type of crime and the evidence available will certainly influence your case's outcome. However, hiring an experienced Charlotte white-collar crime attorney can significantly increase your chances of success.
Your attorney will help you explore all possible avenues to reduce the risk of a conviction. Every legal defense strategy needs to be tailored to the specific charges, likely outcome, and available evidence. But with the right attorney, you can be reassured that you are not alone in this fight.
EntrapmentWhen you suspect that you are being entrapped by law enforcement or if you are already charged, it is crucial to act quickly. If you feel that you were enticed to commit a crime by law enforcement officers, you must speak to an attorney as soon as possible. You will need to prove that you would not have committed the crime if it were not for the influence of law enforcement officers pressuring you to do so, which can be challenging.
The FBI, for instance, has significant resources and frequently uses agents to go undercover and persuade potential defendants to commit white-collar crimes. But with the right legal representation, you can take proactive steps to protect your rights and defend yourself.
Lack of IntentWhen it comes to white-collar crimes, prosecutors have to prove that you intended to commit the crime. Many prosecutors do not have enough evidence to prove intent but try to charge a defendant anyway. With this defense, you will rely on the prosecution's need to prove that you acted with the intent to obtain advantages or defraud people explicitly. Perhaps you did not know what was happening and could not have intended to commit a white-collar crime. There could be a mistaken identity or another reason prosecutors cannot prove intent.
The Statute of Limitations Has ExpiredDepending on the type of criminal charge, you might be able to prove that the statute of limitation has passed. Every state and the federal government have statutes of limitations on most crimes. If the prosecutors do not bring charges within the amount of time stated in the statute, they have lost their ability to do so and cannot pursue legal action against you.
Insufficeint EvidenceAs with all crimes, the burden is on the prosecutors to prove each element of the crime beyond a reasonable doubt. You may be able to show that they do not have enough evidence to prove you committed each element of the crime by admitting your own evidence, placing doubt on the prosecution's case. They may not have enough evidence to prove that you were the person who committed the crime or that the crime took place at all.
Duress or CoercionYou may be able to prove that you were forced into committing a white-collar crime by some sort of physical or verbal threat. When you make this legal defense, you are claiming that you felt the safety of yourself or your family was imminently threatened if you did not take the action you did by allegedly committing the crime.
Constitutional ViolationsLaw enforcement needs to take specific steps when they search and seize evidence. If you can prove they circumvented those steps by committing an illegal search and seizure of your property, you may be able to show that the evidence cannot be used against you. Your attorney may be able to convince the judge not to use the evidence, and your case may be dismissed because the prosecution knows they cannot meet their burn approval.
Contact a White Collar Crimes Defense Attorney in North CarolinaYou are not alone if you have been charged with a white-collar crime in North Carolina. Do not hesitate to contact the experienced attorneys at Arnold & Smith, PLLC, to schedule a complimentary case evaluation.