White collar prosecutions usually take people by surprise. Sometimes, they have no idea that what they did was even illegal. Other times, they got caught up in circumstances that spiraled out of control before they realized it, and they simply never took the time to think about the potential consequences.
If you’re facing charges, it helps to understand the kinds of defenses that can be offered in white collar cases. Here are some of the most common:
- A lack of evidence: Each crime has specific elements that have to be proven. If the prosecution’s evidence is weak, inconsistent or relies on witness testimony, which is prone to error or bias, you may find ways to discredit the case against you.
- A lack of knowledge: If you were far removed from the actual criminal activity and can demonstrate that you never knew anything about what was happening, that can definitely help your case.
- You lacked intent: If your actions were the result of a misunderstanding, confusion or mistake, it may be difficult for the prosecution to prove that you intended to do something illegal, especially if there’s a logical reason behind your actions.
- You were coerced: If someone threatened you or your family members with physical harm or something equally disastrous, you may have a valid defense. More than one person has been coerced into criminal activity by other people.
- There was entrapment: The police have certain rules they have to follow. If agents or investigators used some kind of deceit to entice you to commit a crime, that could be a legitimate defense.
Exactly what defenses are available to you may vary, and these aren’t the only ones that an experienced attorney may bring up. This is why it is so important for you to discuss your entire situation with a defense attorney as soon as possible. It takes time to build a solid defense.