White collar crime involves displacement of hefty amounts of money, and it is not committed by any ordinary thief or pickpocket. The masterminds behind such crimes are usually individuals from honorable professions. These crimes are committed discreetly, so they are difficult to trace back to the culprit. Modern white collar crimes are essentially cybercrimes executed by shrewd hackers hiding in the shadows. White collar crimes are often referred to as financial and corporate crimes; they are in effect non-violent, yet instigate colossal economic damage. Most white collar crimes are investigated at federal level, and charged as felonies. If you are suspected to be involved in a white collar crime, you could end up in prison for a long time.
The only way to protect yourself from conviction is to hire a competent legal representative. It is possible that you unknowingly participated in a fraudulent scheme or have nothing to do with it, but you need real evidence to convince law enforcement and redeem your reputation. Criminal Defense Attorney in San Francisco, CA, can help you build a strong case and protect yourself against false allegations. Below are the top 5 viable defenses used to beat charges of white collar crime:
1. I have been Framed
If the crime was executed in a corporate setting, it is possible that one of your coworkers framed you to protect themselves. Even though the theory is not unlikely, it holds no weightage without proof. You will have to provide a name if you suspect someone, as well as their motive to make you the scapegoat. Is there an active rivalry between you and this person, or perhaps they have a history of manipulating with finances?
2. My Constitutional Rights were violated
Law enforcement is supposed to respect the constitutional rights of every alleged criminal; failure to do so may result in dismissal of the charges or withholding of key evidence. The police must recite you your Miranda Rights at the time of arrest, so you are aware that you are entitled to maintain silence and request a lawyer. If the police used brutal methods or abuse to intimidate you and get a confession, any evidence collected this way will be deemed unlawful.
3. The Proof is Inadequate or Suggestive at best
Cases of white collar crime tend to be complicated, thus it is not that simple to trace a path to the actual culprit. Most of the time, the evidence collected is theoretical or suggestive at best i.e. there is no real data to incriminate the alleged offender. These cases require extensive investigation to be resolved, thus law enforcement hopes that a suspect will break down and give them what they need. You can beat the charges by remaining adamant on the fact that you are innocent, and the prosecutor may have left no option but to give up.
4. I was unaware or lacked intention
Sometimes, individuals actively participate in a white collar scheme without even realizing. For instance, they are only following orders of a manager or supervisor, without contemplating on the scenario. Employees of lower rank may not dare to question the actions of those at the top of the hierarchy, and simply deliver as requested. If you can prove that you had no knowledge or intention of being an accomplice in the fraud, you may get pardoned by the law.
5. I was Entrapped or under Duress
The actual transgressor may have pressured you into becoming an accessory to their crime. Someone from law enforcement or another person of authority may have threatened to harm you or a loved one in case you refuse to comply. A crime you committed unwillingly for the sake of saving your life or protecting other innocent people will not be considered your fault. Once again, you need reasonable evidence to prove that you didn’t have a choice in the matter.
