Your Rights During White Collar Crime Investigations
If you are under investigation for a crime, you have a number of rights. Your rights extend to both state and federal criminal proceedings. In general, statements or evidence against you obtained in violation of your rights may not be used against you in court.
The following is a brief overview of a few of your important rights during any criminal investigation, including during a white collar crime investigation.
Right to Remain Silent
You have the right to remain silent. This is your Fifth Amendment right against self-incrimination. If you are being interrogated by law enforcement officers or being questioned in a legal proceeding, you have the right to “plea the Fifth.” There are a few important things you should know about your right to remain silent. Read our article Pleading the Fifth: Your Right Not to Self-Incriminate.
We encourage you to invoke your right to an attorney and remain silent until your attorney is present during questioning.
Right to An Attorney
Under the Fifth Amendment, you have the right to have an attorney present during all stages of a criminal investigation, including during interrogation by law enforcement and at any court proceeding. The truth is, speaking with law enforcement without your attorney present is never a good idea. Anything you say can be used against you. Even if you are confident that you did nothing wrong, we urge you to have an attorney present during questioning. Your words can be twisted or used out of context. You may inadvertently make statement that appear incriminating or unintentionally waive your constitutional rights. Have an experienced white collar criminal defense attorney by your side to protect you.
Right Against Unlawful Search and Seizure
In general, you have the right to refuse a search of your property or vehicle in the absence of a search warrant. You have a Fourth Amendment right against unlawful search and seizure of property. However, if law enforcement has a search warrant, you must submit to the search.
The laws encompassing the rights afforded by the Fourth Amendment are complex. The truth is, there are a number of caveats and nuances. If incriminating evidence against you was obtained in violation of your Fourth Amendment rights, you may be able to suppress that evidence from being used against you at trial. If you are being investigated or have been charged with a crime, it is imperative that you consult a criminal defense attorney immediately. Mounting a strong defense includes asserting your rights and understanding if your rights have been violated.
There is no white collar criminal case that is too complex or too challenging for us. No matter how difficult your case may appear, contact Ashley D. Adams, PLC for the legal protection you need.
Contact our Arizona fraud and criminal defense attorneys on the web or call (480) 219-1366 for a consultation and case evaluation. There is no substitute for the type of experience and diligent legal representation that a high-quality attorney can provide.
We practice excellence, one client at a time.
Our firm handles state criminal cases throughout Arizona including the cities of Phoenix, Scottsdale, Glendale, Mesa, Tempe, Ahwatukee, Maricopa, Gilbert, Peoria, Surprise, Goodyear, Litchfield Park, Avondale, Chandler, Casa Grande, Florence, Queen Creek, Deer Valley, North Pinal and Sun City as well as those living in and around Maricopa County, Pinal County, Pima County, Yuma County and Yavapai County.
We handle federal criminal cases throughout the United States, including Arizona, Oklahoma, Utah, and California.