Protecting Your Rights After An Accusation
White collar crime is a unique area of criminal law that involves nonviolent acts like fraud, embezzlement and identity theft. Computer and internet crimes are usually white collar offenses as well. Unfortunately, if you are convicted of such a crime, then the result may be serious penalties and/or jail time. Due to the confusing and ever-changing nature of these crimes, workers at nonprofits, business entities and individuals can be unprepared to defend themselves against these criminal allegations. Furthermore, a criminal investigation, even if it is later proved to be unfounded, can damage your reputation and create roadblocks to your future employment. If you have been arrested for fraud or a similar offense, then contact a San Jose white collar criminal defense lawyer.
The Law Offices Of Richard Wingerden has nearly 20 years of experience defending individuals against allegations of white collar crimes. Criminal defense lawyer Richard Wingerden knows how serious these charges can be. As a result, he represents a wide range of businesses and individuals across multiple industries. His success stems from assertive strategies and early crisis management. If you have discovered that you are under investigation, then he may be able to use pretrial measures to reduce your chances of serious consequences. If you or a loved one has already been arrested, then he can work to reduce or dismiss charges.
What Are White Collar Crimes?
As a rule, white collar crimes share specific characteristics such as concealment, deceit, violation of trust and coercion. A distinguishing factor of these crimes is that they usually do not involve a threat of force or violence. Since this area of law overlaps with many others, you should contact a criminal defense lawyer for assistance if you suspect you will be charged. A lawyer can scrutinize the evidence against you, cross-examine witnesses and negotiate with the prosecutors. Some common crimes that require an attorney involve:
- Fraud: Usually, fraud crimes involve money laundering. Money laundering involves obtaining funds from illegal sources. This includes check fraud, credit card fraud, gambling and tax evasion.
- Extortion: Also known as bribery, extortion claims involve offering, receiving, giving or using money or assets for a favorable outcome. For instance, someone may give gifts to a boss to influence a promotion.
- Insider trades: As a rule, insider trading involves private information being used to manipulate the stock market. For these charges to stick, it must be proven that you sold securities while holding private information.
- Technology and internet crimes: Generally, computer crimes involve concealing and obtaining private information. For instance, identity theft, phishing scams, cyberstalking and hacking are common internet crimes.
What Are Common White Collar Crimes Defenses?
As a rule, the severity of the charges against you will vary depending on the nature and extent of the crime. However, some people believe they will not face jail time if convicted of a white collar crime. Just like other offenses, white collar crimes can result in a misdemeanor or felony conviction and/or jail time. A strong criminal defense strategy is the best way to mitigate your risk and protect your interests. Ultimately, the best way to discover how a white collar criminal defense lawyer can help is to contact a lawyer today. Nonetheless, there are some common defenses an attorney may use, depending on your situation, including:
- Coercion: Unfortunately, you may have been pressured by someone to act in a way you normally would not. A duress defense is used in these cases. For example, a boss could have coerced you into an illegal act.
- Entrapment: Generally, an entrapment defense is used when a government entity gives you an opportunity to commit a crime. If you would normally not act this way, then you may be able to use entrapment for your defense.
- Incapacitated: If you have a temporary or permanent impairment, then you may be able to use this in your defense. Usually, a white collar criminal defense lawyer will use this defense if you suffer from illness. However, any disability, and even willing intoxication, can be used in your incapacity defense.
Arrested Or Under Investigation? Offering Free Consultations.
Do you believe that law enforcement entities are investigating you for a white collar related crime? Has some entity or individual coerced or entrapped you to commit a criminal act you normally would not act on? Have questions about how to protect your rights? Regrettably, the longer you wait to contact an attorney, the more evidence can be mounted against you. If you believe you are involved in a white collar crime, then contact a white collar criminal defense lawyer.
In a free initial consultation, Mr. Wingerden can review the details of your case. Thus, he can inform you for free how he can build a defense. Call his San Jose office today at 408-273-8239 or contact the firm online to speak to a legal professional.