Akron White Collar Crimes Lawyer

Like in any other criminal case, a state or federal prosecutor must fully satisfy their legal burden of proof to obtain a conviction against you on a white collar criminal charge.

We can formulate a successful defense to your pending charge to make meeting this legal burden an uphill battle. If the defense succeeds in court, the prosecutor may fail to satisfy their burden of proof and the court may dismiss your white collar crime charge.

If the state or federal prosecutor can meet their burden of proof, then a sentencing judge may impose various penalties against you. The penalties that you may receive for a white collar crime conviction will depend on the charge and whether the state or federal court system will hear your case.

Potential penalties upon conviction may include:

• High monetary fines
• Restitution to the alleged victim
• Required jail time (including jail time in a federal detention facility)
• Probation

In addition to these potential legal penalties, you can face numerous collateral consequences. For example, you may have difficulty finding a respectable place to live, obtaining employment, gaining admission to a college or university, or keeping scholarship funds (if you are a current student).

In addition, you may suffer significant harm to your personal and professional reputation in the community.

If a state or federal prosecutor ultimately obtains a conviction against you, we can aggressively represent you at your sentencing hearing and argue for the most minor possible penalty in your case. For example, depending on your circumstances, we can argue that you are a first-time offender or do not have a prior criminal history of arrests and convictions.

Ohio and the federal government recognize several white-collar criminal offenses, including:

• Mortgage fraud, where a party that is involved in the mortgage application process, such as a purchaser, bank, or other financial institution, provides information that is false to secure a mortgage
• Wire or mail fraud, where an individual uses electronic wires or the federal mail system as a means of carrying out some fraudulent activity
• Tax fraud, where an individual underreports information or attempts to evade taxes
• Investment fraud, where an individual or entity provides some type of false information as a way to encourage unsuspecting individuals to make certain financial investments
• RICO offenses, under the Racketeer Influenced and Corrupt Organizations (RICO) Act, where an individual allegedly commits a criminal offense in conjunction with some type of organization, such as where a person attempts to hide drug money by establishing a shell business
• Theft from businesses, where an individual incurs misdemeanor or felony charges, depending upon the amount of money or property that they allegedly stole
• Prescription drug fraud may involve both doctors and patients, including altering one or more legitimate prescriptions, billing for a prescription that a healthcare provider did not actually issue, or using prescription pads that someone stole
• Forgery, where an individual distributes or sells identification cards that someone allegedly forged
• Embezzlement, where an employer entrusts an employee with money, property, or assets that the employee misappropriated for their own personal use or financial gain

If you are currently facing a criminal investigation or charge on one of these white collar crimes, quickly talk with our Akron white collar crimes lawyers. Our legal team can immediately start investigating the circumstances of your charge and determine the potential legal defenses you can raise at your criminal court trial.

If you are currently facing a white collar crime investigation, we can raise one or more legal defenses in response to your charge. If the defense succeeds, it might prevent the state or federal prosecutor from satisfying their legal burden of proof. Consequently, the court may dismiss your criminal case.

First, an individual pending a white collar charge can allege they lacked the necessary specific intent or knowledge to commit the underlying offense.

Similarly, they may allege that a police officer or investigator violated their constitutional rights. For example, if a police officer arrested an individual, the arrestee asserted their Fifth Amendment right to have legal counsel present during questioning, but the officer continued questioning them, then the court may suppress any incriminating statements.

Next, an accused individual can allege that a police officer or investigator obtained specific evidence illegally. For example, they may not have had the necessary probable cause or warrant to lawfully get evidence.

Our legal team can determine if you may be eligible to raise one of these legal defenses or some other defense at your criminal court trial. If so, we can argue the appropriate defense(s) on your behalf when we represent you in court and pursue a complete dismissal of your case.

Sometimes, an individual facing white-collar criminal charges can introduce a favorable defense at their criminal court trial. If the accused has a solid legal defense, they may want to take their case to trial.

In other situations, a state or federal prosecutor may place a plea deal on the table that we can negotiate further. Prosecutors might suggest a plea deal if they have insufficient evidence to prosecute or are not confident in their ability to secure a conviction against you at a criminal court trial.

In a plea deal arrangement, the prosecutor typically offers some concession, such as a reduced criminal charge or a period of probation, in exchange for the accused pleading guilty to a criminal offense. If the prosecutor offers probation, and the accused successfully completes all of their probationary terms, then they may not be subject to a conviction.

Our legal team can use our knowledge and experience to advise whether to accept a pending plea deal or take your case to a criminal bench or jury trial.

If you decide to accept a pending plea deal from the state or federal prosecutor, you will give up certain legal rights. First, you will give up your Sixth Amendment right to a trial by jury. Additionally, you will give up the right to appeal your case result in the court system.

Also, if you decide to accept a plea deal from the prosecutor, you must appear in court and place that plea deal on the record. When you do so, the judge will ensure that you agree to the plea deal voluntarily and freely and that no one coerced you into making the plea deal.

Once you place the necessary statements on the record, the state or federal court judge may then accept your guilty plea.

If a police officer or investigator arrests you on a white collar criminal charge, immediately invoke your right to the presence of legal counsel during any questioning. Otherwise, the state or federal prosecutor can use anything you say against you at your criminal court trial. You want legal counsel present during any questioning by a police officer or investigator.

In addition, you need to collect and retain essential documents in your case, including citations, charge paperwork, and anything that you can use as potential evidence in your case.

Finally, speak with an Akron white collar crimes attorney immediately after your arrest. Once you forward us your charging documents and other paperwork, we can complete an accurate assessment of your case and explore your potential legal options. We can also determine if you can beat your pending criminal charge by raising a successful legal defense in court.

One grave mistake many criminal defendants make is waiting too long to secure legal counsel to represent them. A lawyer needs time to review evidence, speak with witnesses, and formulate possible legal defenses before trial.

Additionally, if you show up to a criminal court proceeding – including a trial – without a lawyer present, the judge may determine that you waived your right to the presence of legal counsel and might go forward with your criminal court proceeding. Given the potential penalties upon conviction, you do not want that to happen in your case.