White-collar crime allegations have the potential to wreck your life. They can certainly damage your reputation and your standing in the business community, but they can also threaten you with extensive jail or prison time and crushing fines and restitution. That’s why if you’re under investigation for committing something like fraud or embezzlement, then you should move carefully so that you don’t make an error that proves catastrophic to your defense.
There are a lot of mistakes that can be made in a white-collar crime case, too. Any one of them could give the prosecution the opening they need to secure a conviction, which is why it’s important that you recognize the mistakes that could be made in one of these cases and how you can avoid them. Let’s take a closer look.
Don’t make these mistakes in your white-collar crime case
It’s nerve-wracking to be under criminal investigation, but you can’t let the stress of the situation get the best of you. So, if you suspect that you’re under investigation, make sure you don’t make the following mistakes that could put you behind the eight-ball:
- Consenting to a search: In most instances, the police need a warrant before they can search your home, car or business. But law enforcement can get around that requirement if you simply consent to a search. All too often those who are under investigation feel compelled to consent to a search, which leads to the seizure of incriminating evidence. Don’t make this disastrous mistake. Make the police demonstrate that they have the requisite cause to secure a validly issued warrant before granting them access to private places.
- Talking openly about your case: It’s stressful to deal with a criminal investigation. So much so that talking about it with those closest to you can feel like lifting a burden off your shoulders. But discussing your case can be dangerous since those you speak to can be subpoenaed and forced to testify against you. So, be careful with what you say and who you speak to. The best course of action is to avoid talking about the investigation altogether unless doing so with your attorney, since those conversations are protected by the attorney-client privilege.
- Hiding, manipulating or destroying evidence: You might think you can remove a shroud of suspicion by damaging, destroying or hiding evidence, but doing so can leave you looking even more guilty, and it very well could constitute another crime. If you have concerns about evidence, be sure to discuss it with your attorney so that you can formulate a plan to mitigate any potential damage it could do to your criminal defense.
- Volunteering information: It’s tempting to try to explain away allegations when you’re under investigation. But doing so can be risky given that the police are adept at twisting words to make an accused individual look guilty. Also, statements you make could end up being used to contradict other statements that you’ve made, which could taint your image with the jury and affect the credibility and reliability of your defense.
Know how to protect your interests throughout your white-collar crime case
There’s no doubt that the stakes are high in a white-collar crime case. That’s why you need to take the time necessary to build a holistic and aggressive criminal defense. You have to understand the law and how it applies to the facts of your case, and you have to be able to use trial rules and the rules of evidence to your advantage.