We see white-collar crimes in the news a lot, and they include insider trading, money laundering, embezzlement, and corporate and securities fraud. It may seem impossible to defend yourself against these types of crimes, but defense attorneys have several defenses against them. We will examine those defenses here, but first, we will define “white-collar crime.”
What Is a White-Collar Crime?
Although a white-collar crime is a non-violent crime, it is still a crime. To be characterized as such, the perpetrator must have deceived someone or kept important information from them in order to gain something valuable or keep from losing something. The person may have used these tactics to obtain an advantage in a personal matter or a business proposition.
They are crimes because they leave victims behind. Victims of white-collar crimes have seen their businesses destroyed and lost their savings. It also reduces the trust people have in financial institutions. As if that was not enough, investors have also lost billions of dollars due to white-collar crimes.
How Do You Defend Yourself Against These Charges?
The first thing you must do if you have been charged with a white-collar crime is hire a criminal defense attorney. You need a lawyer to take the specifics of your case to craft a defense strategy. Several strategies that your attorney can put forth include the following:
Challenge the Evidence
The most basic defense tactic is for your attorney to examine the prosecution’s evidence. The validity and accuracy of the evidence can be called into question by the methods used to collect it. For example, if investigators received evidence by searching your residence without a proper search warrant, your attorney can suggest that this is inadmissible in court. In some cases, investigators obtain evidence through illegal surveillance, and if this is the case, it may also be inadmissible evidence.
The bottom line is that police officers must get their evidence through legal measures. If they fail to do so, the court will have no choice but to throw this evidence out.
Being Under the Influence
You may have heard that being under the influence is not an excuse for wrongdoing, but your attorney may be able to use this as a defense. For example, if someone forced you to ingest alcohol or another intoxicating substance in order to convince you to commit a crime, your lawyer can use this as a defense.
For example, someone may have drugged you without your knowledge and then asked you to divulge secrets about your company. Your attorney can state that you did not engage in insider trading because another person used drugs to get you to reveal confidential information.
Being a Victim of Entrapment
Law enforcement officers may entrap individuals in their zeal to prove that someone is committing a crime. This often occurs when they are working undercover or engaging in sting operations. This is when these officers may use threats, harassment or fraud to force you to commit a crime that you would not ordinarily have committed.
Your attorney will help you prove to the court that you would not have committed this crime without the influence of a police officer.
What Else Is There to Know?
Sometimes, these cases turn on the fact that you did not receive anything from this situation financially. In several cases, this has been enough for defendants to win their cases in court. An attorney will also have several other defenses to use against these charges, so you must not refuse to hire an attorney right away and fight them. Contact a criminal defense attorney today.
