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How to Fight White Collar Crime Charges in New York City
Contents
- 1 How to Fight White Collar Crime Charges in New York City
- 2 Understand the Charges
- 3 Hire an Experienced Attorney
- 4 Understand the Evidence
- 5 Raise Doubt About Criminal Intent
- 6 Negotiate With Prosecutors
- 7 Explore Alternative Resolutions
- 8 File Pre-Trial Motions
- 9 Prepare a Strong Defense for Trial
- 10 Resources
How to Fight White Collar Crime Charges in New York City
Being charged with a white collar crime in New York City can be an incredibly stressful and frightening experience. White collar crimes like fraud, embezzlement, money laundering, tax evasion, and insider trading often carry severe penalties, so having an experienced criminal defense attorney on your side is crucial. Here are some tips on how to fight white collar crime charges in New York City:
Understand the Charges
The first step is to fully understand what you have been charged with. White collar crime is a broad term that encompasses many types of financial and corporate crimes. Some of the most common white collar offenses charged in New York include securities fraud, wire fraud, bank fraud, insurance fraud, mortgage fraud, money laundering, embezzlement, tax evasion, bribery, and more. Make sure you understand exactly what you have been accused of so you can start building an effective defense.
Hire an Experienced Attorney
Fighting complex white collar crime charges requires an attorney with specialized expertise. Look for a lawyer in New York City who has extensive experience defending white collar crime cases in both state and federal courts. An experienced attorney will understand the complexities of financial crimes and can identify weaknesses in the prosecution’s case. They will also know how to negotiate effectively with prosecutors to get charges reduced or dismissed.Some top white collar crime defense attorneys in NYC include Marc Agnifilo, Benjamin Brafman, and Martin Adelman.
Understand the Evidence
Your attorney will need to thoroughly examine all the evidence being used against you. This may include documents, financial records, emails, surveillance footage, witness statements, and more. Understanding the scope and quality of the evidence is key to building a defense. An experienced white collar crime lawyer can pick apart flaws in the prosecution’s documents and witness accounts.
Raise Doubt About Criminal Intent
Since most white collar crimes require prosecutors to prove criminal intent, one effective defense strategy is to raise doubt about whether you intended to break the law. Your attorney can argue you made an honest mistake, relied on a professional’s advice, or did not fully understand complex regulations. Raising reasonable doubt about intent can help get charges dismissed or reduced.
Negotiate With Prosecutors
In many cases, your attorney can negotiate with prosecutors to get charges reduced or dropped entirely. This involves presenting mitigating evidence and arguing why prosecutors would have difficulty proving the case at trial. An experienced white collar crime lawyer knows how to effectively negotiate these deals. Accepting a plea bargain can help you avoid the expense, stress and unpredictability of trial.
Explore Alternative Resolutions
For some financial crimes, it may be possible to avoid criminal prosecution altogether by reaching a civil settlement. Your attorney can negotiate settlements with regulators and victims that may involve paying fines or restitution. If a fair settlement can be reached, the criminal case may not move forward.
File Pre-Trial Motions
Your lawyer may be able to get evidence thrown out or charges dismissed by filing motions that challenge the legality of how evidence was obtained or demonstrate other procedural problems with the prosecution’s case. Pre-trial motions can knock out important planks of the prosecution’s case early on.
Prepare a Strong Defense for Trial
If charges are not dismissed pre-trial, developing a comprehensive trial strategy is key. Your lawyer will present exculpatory evidence, cross-examine witnesses to expose contradictions, and deliver compelling opening and closing arguments. You may also testify on your own behalf to explain your side of the story. An experienced trial lawyer can persuade a judge or jury that the prosecution has not proved its case beyond a reasonable doubt.Fighting white collar crime charges in New York City requires sophisticated legal skills and extensive knowledge of how these complex cases are prosecuted. Retaining an attorney with specific expertise in white collar criminal defense as early as possible gives you the best chance of success. With an experienced lawyer on your side, you can avoid harsh penalties and begin putting the charges behind you.