Being arrested is a harrowing and frightening experience. When you are taken into custody, you suddenly lose your freedom; and this can generate feelings of anxiety and despair. If you have never been in trouble with the law or had any dealings with law enforcement, you may not know how to respond to your arrest.
If you are being arrested for a white-collar crime, the officers may treat you with some amount of gentleness or respect. During the interview, they may tell you that it’s in your best interest to cooperate with them; that the matter will be resolved much more quickly if you answer all their questions and give them the information they require.
However, this isn’t necessarily true. If you are arrested for a criminal offence, you have the right to say nothing and you should invoke that right. Your Fifth Amendment right allows you to remain silent, and it is usually best to exercise it, even if you did nothing.
Your ignorance of the crime may still leave you seeming to implicate yourself no matter what you do. Answering even the most innocent-sounding question could cause you problems as the investigation continues. The American criminal justice system operates on the principle that individuals are innocent until proven guilty.
This means that the State must do its work to prove the case against you. Law enforcement officials cannot just make allegations against you with the expectation that you will answer them. Your defense begins in a courtroom, not an interview room.
After your arrest, you should call a criminal attorney. Your criminal lawyer will assist you and determine the best course of action.
If you have been charged with an offence that falls under the rubric of a white-collar crime, you may be in for a lengthy and complex struggle to win back your freedom. There is no consensus on the exact definition of a white-collar crime. They are generally viewed as non-violent crimes that involve deception.
The most common types of white-collar crimes are:
White-collar crime cases are often prosecuted by the State or the Federal government. The cases are often complex and highly technical. However, this leaves a great deal of room to raise reasonable doubt. People are often snared into white-collar crime investigations because of their connection to the person or persons who have actually broken the law. That is why detail is so important in building a defense. It’s also part of why you may want to consider staying silent if you have been arrested for such an offence.
Prosecutors invest considerable amounts of money into white-collar crime cases. They must pay for extensive surveillance and hire teams of highly skilled technical experts to get the information they need. If you have been arrested, you can be sure that they have something on you, or at least they believe they do. You will need to begin preparing your defense immediately.
Some of the possible defenses against white-collar crime include:
You may have been under investigation for some time without knowing it. White-collar crime investigations tend to focus on a range of people. The authorities may have arrested you for being linked in some substantive way to the main architects or organizers of the crime, whether you are a part of it or not. Perhaps you were forced into doing something illegal but had no hand in planning and executing a larger and much more significant crime. In these instances, it may be possible to strike a deal with prosecutors. A lawyer can help you achieve an outcome that is favorable to you.