White-collar crime is an umbrella term for a criminal offense that happens in a business or corporate setting. Individuals or businesses can commit white-collar crimes for financial gain.
There are lots of different types of white-collar crimes, including but not limited to embezzlement, forgery, fraud, money laundering, extortion, insider trading, and larceny.
If you’re unfortunate enough to be accused of a white-collar crime, it’s important that you know the ways in which to protect yourself. So, here are five ways you need to know about.
1. Hire an Expert Criminal Defence Lawyer
If you’re accused of a white-collar crime, you shouldn’t talk to the police before first hiring an expert criminal defence lawyer.
The last thing you want to do is incriminate yourself, so it’s vital that you consult an experienced and skilful attorney at a law firm like Middlesexcountycriminallaw.com to get advice about what you should and shouldn’t say to the police.
With a reputable criminal defence lawyer on board, you can also gain professional assistance in all other matters relating to the crime you have been accused of.
If you end up facing a trial, you’ll also want to ensure you have an expert attorney at the helm who can help you to achieve the best possible outcome.
2. Keep Copies of All Relevant Financial Documents and Transactions
Your lawyer will be able to give you some excellent advice on how to protect yourself against the accusation. One thing your attorney will recommend is that you determine what potential evidence the prosecution has against you and take appropriate action to help your case.
For instance, you should keep copies of all your financial documents and transactions to help you dispute the allegations against you. You may then be able to show that you didn’t intentionally make accounting mistakes, for instance.
If the prosecution can’t collect enough evidence to prove you are guilty, it is likely to lose the case.
3. Adopt a Lack of Intent Defence
There are various defence strategies that you can use, and your lawyer will help to guide you with regard to the best strategy to use.
One defensive strategy you can utilise to protect yourself when accused of a white-collar crime is lack of intent.
Basically, that means you let the prosecution do the hard work. It’s up to the prosecution to prove that you had both the intent to commit the crime and the intent to achieve the end result, such as stealing funds.
If the prosecution cannot prove you committed the criminal act intentionally or voluntarily, or you didn’t intend the consequences that were achieved from your actions, you could be found innocent. So, talk to your lawyer about whether a lack of intent defence is your best option.
4. Prove Entrapment Took Place
Entrapment is another common form of defence against white-collar crimes that your attorney may recommend you use to protect yourself against the accusation.
Entrapment happens when you’re presented with the opportunity to commit a crime that you wouldn’t commit by yourself otherwise.
If your lawyer can prove entrapment played a part in the white-collar crime you’re accused of and you had no predisposition to commit the crime, you could win your case.
5. Prove You Committed the Crime Under Duress
Another defence strategy you could use to protect yourself is that of being under duress. If certain requirements are met, duress could be a legitimate form of defence against white-collar crimes; and other forms of crime.
In order to prove duress, you’ll need to demonstrate that you were threatened by inescapable harm or even death if you didn’t commit the crime.