Your Constitutional Rights During A White Collar Criminal Case

Your Constitutional Rights During A White Collar Criminal Case

The Federal Constitution and the Arizona State Constitution affords criminal defendants numerous rights. If during the course of an investigation and ensuing white collar criminal case the state violates your rights, you will be able to use that in your defense and may be able to get charges dropped or get certain evidence precluded from being presented by the state at trial.

Ashley D. Adams, PLC is a white collar criminal defense firm. We want you to have a basic understanding of your constitutional rights so that you can protect yourself. If you are facing charges for fraud or any other white collar crime, we urge you to hire a criminal defense attorney well-versed in white collar crime to protect your rights and mount a strong legal defense against the state’s accusations.

Your Constitutional Rights During A White Collar Criminal Case

You have the right―

  • to remain silent.
  • to an attorney.
  • to be free from unlawful search and seizure.
  • to be presumed innocent.

The Right to Remain Silent

The Fifth Amendment of the Constitution of the United States grants us the right against self-incrimination―the right to remain silent. Your right to remain silent extends to two situations: when being interrogated by law enforcement officers and when testifying in legal proceedings.

It is almost always in your best interest to remain silent if you are being questioned by law enforcement or a governmental agency regarding a crime.

The Right to an Attorney

You have the right to be represented by an attorney during any police interrogation and during any legal proceeding. Once you ask for an attorney, any questioning is supposed to end until your attorney is present.

Our best advice is to remain silent until your attorney is present. Doing so helps ensure that your rights are protected and that you do not make statements that will bolster a white collar criminal case against you.

The Right to be Free From Unlawful Search and Seizure

The Fourth Amendment of the U.S. Constitution creates the right to be free from unlawful search and seizure. In general, you have the right to refuse a search of your property unless law enforcement or the governmental agency have a valid search warrant. You have the right to refuse a request for a search of your property or person. In fact, even if you believe you have done nothing wrong it is in your best interest to refuse any search request.

The Right to be Presumed Innocent

The presumption of innocence is a constitutional principle. Unless or until the state proves each element of the crimes charged beyond a reasonable doubt, you have the right to be presumed innocent.

Charges for white collar crimes often have an element of “intent.” To be guilty of fraud you must act with fraudulent intent, which means the prosecution must prove that you had the intent to defraud someone. While intent can be inferred from statements and conduct, proving what happens in someone’s mind can be a difficult task.

White Collar Criminal Defense

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.