Pre-Trial Strategies for White Collar Criminal Charges

Pre-Trial Strategies for White Collar Criminal Charges

The majority of criminal cases are resolved before trial, in either a dismissal or a plea settlement. When it comes to criminal cases, the best defense is a strong offense. There are a number of pre-trial strategies to defend against white collar criminal charges; however, it is critical that every case be treated from the outset as a case that will go to trial. In fact, diligent and aggressive preparation for trial leads to a higher probability of securing a dismissal or a favorable plea deal.

Pre-Trial Strategies for White Collar Criminal Charges

When you are facing white collar criminal charges, early and creative pre-trial strategies designed and executed by an experienced defense attorney can help achieve the most ideal result.

Understand that every case is unique and fact-specific. The pre-trial and trial strategies that are best to defend you will be tailored specially to your case. Certainly there is no single road map to properly defend white collar criminal charges, though there are a few basic tenets of criminal defense that lend themselves to aggressive pre-trial strategies.

Conduct an early and thorough investigation into the charges. A solid defense starts with understanding the case against you. The investigation includes unearthing all relevant documents and other evidence pertaining to the alleged criminal activity, conducting in-depth interviews of relevant people, and pinpointing the weaknesses in the prosecution’s case as well as your own defense.

It is paramount that you discover what evidence the government has against you. Part of pre-trial law and motion is discovery, whereby each side must provide the opposing side with the documents and other evidence it plans to produce at trial.

At any point prior to a jury delivering a verdict you have the opportunity to fight to have the charges dismissed or negotiate a plea agreement with the prosecutor. In a plea agreement the defendant agrees to plead guilty to some or all of the criminal charges filed against him or her in exchange for concessions from the prosecutor, such as reduced punishments. Many defendants choose to accept a plea agreement to avoid the uncertainties of a trial and the prospect of harsh sentencing that can follow from a jury conviction.

During the discovery phase you have the opportunity to subpoena documents and depose witnesses. Subpoenaing documents is powerful because as long as the request is within the scope of what can properly be requested, the subpoenaed individual or entity will have to comply and turn over the documents.

Deposing witnesses gives you the opportunity to question people under oath and under penalty of perjury, whereby generally they will be required to answer your questions. Depositions are often thought of as a “fishing expeditions” for attorneys, where you have the opportunity to go fishing for evidence that will help your case and/or harm the prosecution’s case.

Hiring Experts. In many white collar criminal cases expert testimony bolsters your defense by demonstrating that the activity in question was not illegal and by weakening any expert testimony the government may have.

The more complex the criminal charges and underlying facts of the activity in question are, and the more people (alleged co-conspirators) who were allegedly involved in the activity, the more likely it is that a strong defense will require multiple depositions and expert witnesses.

Filing pre-trial Motions with the Court. Essentially a Motion asks the Court to do something for you. Typically pre-trial motions include Motions to exclude evidence, dismiss the indictment, and discover evidence from the state and other parties. An aggressive approach to pre-trial Motions in white collar cases will aid in negotiating a favorable plea agreement or set the stage for an effective trial strategy.

The above pre-trial strategies are only a broad overview of the necessary strategies of a strong defense. Again, every white collar criminal case is unique and fact-specific. The best defense strategies are tailored to your case.

Hire the Right Attorney to Defend You

At Ashley D. Adams, PLC, each client is given personal attention and aggressive representation. Our clients do not get treated like a number or just another case―our clients receive one-on-one attention by a seasoned managing partner who is an experienced criminal defense attorney. Have your defense strategy crafted by a former Assistant U.S. Attorney.

Ashley D. Adams, PLC provides aggressive, strategic representation to our clients in order to limit exposure to harsh criminal penalties. Contact us or call now (480) 219-1366 for a case evaluation.

 

The attorneys at Ashley D. Adams, PLC handle state criminal cases throughout Arizona and federal criminal cases throughout the United States, including Arizona, Oklahoma, Utah, and California.