White collar crimes are not less serious than “street” crimes or “violent” crimes. In many cases, these charges still result in a potential for years behind bars, and it is vital to take your defense seriously.
With white collar crimes, there may be options for first-time offenders to get plea deals or use diversionary programs that allow the crime to be expunged by cooperating and taking classes, performing community service, etc. If not, we may also be able to argue the facts of the case, get evidence excluded, and argue that your role in the crime reduces your culpability, potentially getting charges reduced or dismissed.
Call Overson & Bugden’s Salt Lake City, UT white collar crime defense lawyers at (801) 758-2287 for a free case review today.
Are White Collar Crimes Less Serious?
Generally, no. While we often separate crimes into “white collar” to say that they were not violent or that they were different from “street crimes,” white collar crimes often involve theft, embezzlement, and fraud amounting to millions of dollars in harm.
In many cases, these charges are even more serious and may result in many years behind bars.
First-Time Offender Options
That being said, the patterns of crime with white collar crimes are often quite different, and defendants are often first-time offenders. This can potentially open you to more leniency in a few ways:
- Prosecutors do not want to “ruin your life” over a one-time mistake.
- A past history of good behavior shows you can be reformed and may not need much by way of punishment.
- Diversionary programs and expungement options may be available to first-time offenders, but not multi-time offenders.
Diversionary Programs in Utah Criminal Cases
A “diversionary program” is essentially an alternative to going to trial and being punished for a crime. These programs often see defendants perform community service, attend classes, and otherwise take accountability for their crime. In exchange, charges are often dropped and may even be expunged.
These may be available:
CPIP – County Pre-File Intervention Programs
This may be available as a formal diversion to allow defendants to complete a program in exchange for the charges being dropped. These official diversionary programs often have limits on what crimes can be part of the program, and white collar crimes often are too serious to be covered.
Agreements with the Prosecution
This may allow for dropped charges after community service, restitution, and other steps have been taken.
Plea in Abeyance
A guilty plea can be signed, but the judge will hold it before entering it into the record. Then, programs can be completed, and the plea in abeyance can be thrown out to end the case.
If you fail to satisfy the requirements, the guilty plea is entered and you are sentenced.
Suppressing Evidence
If the defense does not have enough evidence to charge you with a crime, our Utah criminal defense lawyers may be able to beat the charges against you. Evidence can be thrown out (“suppressed”) if it was illegally obtained.
4th Amendment
The 4th Amendment of the U.S. Constitution has rules for search and seizure, requiring:
- A warrant for searches and arrests
- Special rules for warrantless searches and arrests, typically requiring “exigent circumstances”
- Probable cause for searches and arrests
- Reasonable suspicion for police stops.
5th and 6th Amendments
The 5th and 6th Amendments have rules for these issues:
- The right to remain silent prevents you from being forced to testify against yourself.
- The 5th Amendment blocks the prosecution from talking about the fact that you invoked your right to remain silent or implying that makes you guilty.
- Your 6th Amendment right to an attorney prevents you from being questioned or going to court without a lawyer.
Miranda Rights
A famous court case called Miranda v. Arizona (1966) says that the police must read you your rights when they have you in custody and want to interrogate you. If they do not, it can function the same as if your rights were actually violated.
Exclusionary Rule
Any of these violations can make the arrest, search, interrogation, or evidence illegal. If it was illegally obtained, then the law prevents the evidence from being used against you.
This is known as the exclusionary rule and allows us to “suppress” the evidence. If enough evidence is suppressed, there may not be enough proof left to convict you.
Blocking Evidence Through Rules of Evidence
Aside from suppression under the exclusionary rule, we can also get evidence blocked because it violates various Rules of Evidence.
General Rules
Generally, evidence needs to be relevant to the case. It also cannot be based on opinion, but rather on what the witness personally observed.
Evidence may also be blocked if it is too prejudicial, i.e., it paints the defendant in a bad light without actually providing evidence of guilt/innocence or proof of what happened.
Scientific and Technical Information
There are rules about how to introduce experts and assess specialized and scientific information and evidence. This could come up with regard to what is standard in various business practices, accounting, etc.
For example, if you are being accused of fraud or embezzlement for something that is a standard accounting practice, they may need a licensed accountant to present testimony about that, not just a police officer.
Hearsay
If a statement was made out of court, it cannot usually be introduced in court to say that what the statement says is true. For example, if there is an email from your supervisor saying your account had irregularities, this cannot be introduced as proof that your account had irregularities.
Instead, they need to bring the witnesses in to testify in person or records of the irregularities, where we can cross-examine witnesses and statements. However, there are exceptions, such as being able to use records of regularly conducted business or statements that you personally made.
How Involvement in the Crime Changes Your Guilt
The law does not consider all participation in a crime equally bad. This may change what kind of plea deals the prosecution is willing to offer you, or it may affect sentencing.
Participant
A mere participant in a crime might not be held as responsible as the person who organized the plan. For example, if you played only a small role in a RICO crime or large fraud project, you might not be the prosecution’s main target.
They may let you plead guilty to a lesser offense, especially if you can “flip” and provide testimony against the leaders.
Leader
Leaders often face more culpability for serious crimes. Especially if it requires intense organization, this is far worse at sentencing.
Sentencing guidelines often specifically take into account your role in the criminal activity.
Conspiracy
In any case, any participant who agreed to act in a crime can be charged with conspiracy to commit the crime. This is the case even if the police ultimately stop the crime; conspiracy charges can still stick.
Reducing Charges
We may be able to reduce charges based on the facts of what happened and how the law applies to that. There are a few specific techniques available here:
Lesser Included Crimes and Double Jeopardy
If you are charged with two crimes, and the elements of one crime are totally covered by the elements of another, you cannot be convicted of both. There needs to be a unique element in each charge for a final conviction on both.
For example, fraud is wholly included within the crime of wire fraud, so you usually cannot be convicted of both. We may be able to get the jury to convict on the lesser charge rather than the greater charge in some cases.
Lower Charges with Similar Elements
In other cases, judges and prosecutors may be willing to allow charges for lesser crimes, especially if you are cooperative. For example, embezzling may be changed to mere theft.
In some cases, the penalties are the same, so it is important to make sure the reduction actually reduces possible penalties.
Plea Deals
Plea deals can mean pleading to a lesser crime or pleading guilty to get other benefits. This often involves cooperating as a witness against coconspirators or simply saving the government the time and expense of having to prove your charges.
Reduced sentences cannot necessarily be promised, since the judge sets the sentence. The prosecution can only promise to advocate for a lesser sentence.
Call Our Utah White Collar Crime Defense Attorneys for Help
If you were charged with a white collar crime, call the Utah white collar crime defense lawyers of Overson & Bugden at (801) 758-2287.
