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Tampa Criminal Defense Lawyers > Blog > White Collar Crime > What to Expect in a “White-Collar” Criminal Case

What to Expect in a “White-Collar” Criminal Case

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This umbrella term covers a wide variety of nonviolent theft matters which usually involve a great deal of dishonesty. Financial fraud matters are a good example. Money need not necessarily change hands. Bankruptcy fraud and insurance fraud are both extremely common white-collar crimes.

Do not mistake nonviolent for nonserious. Largely depending on the amount involved, white-collar crimes are often serious felonies. And, since many fraud scams go undetected for months or longer, the amounts involved are usually significant. Furthermore, all white-collar criminal cases carry significant indirect consequences, especially in terms of a professional career and personal devastation.

The good news is that these crimes usually have lots of moving parts, so it is difficult for prosecutors to establish guilt beyond any reasonable doubt. That’s the highest standard of proof in Florida law. As a result, a Tampa criminal defense lawyer can often successfully resolve these claims in a reasonable manner.

Pretrial Matters

Largely depending on the type of case, white-collar crime pretrial procedures could involve a grand jury or could involve an information or other such documents. In both situations, prosecutors largely dictate the course of events.

Grand juries are common in large federal financial fraud matters, like pyramid schemes or Ponzi schemes which cross state lines. Grand juries review evidence to determine if the state has probable cause to bring charges. This evidentiary standard is rather low, which is one reason the grand jury indictment rate is well above 90 percent.

Another reason for the high rate is that grand jurors normally only hear one side of the story. Defense attorneys cannot participate in the proceedings. In fact, defense lawyers are not even allowed in the room. They cannot subpoena witnesses or cross-examine any Government witnesses.

In many state court cases, excluding first-degree murder, a local prosecutor decides whether to file formal criminal charges based on a police report and/or a criminal report arrest affidavit by a law enforcement officer.

Disposition Options

Assuming the defendant has no criminal record, prosecutors may offer pretrial diversion in white-collar criminal cases. If the defendant completes some program requirements, such as paying restitution and performing community service, prosecutors dismiss the charges. As a result, the defendant never pleads guilty and has no criminal record.

Deferred disposition is a similar option. But deferred disposition happens after the defendant pleads guilty. Rather than find the defendant guilty, the judge defers further proceedings for a few months. The defendant is on probation during this time. If the defendant successfully completes probation, the judge dismisses the charges. Once again, the defendant has no conviction record.

These options do not take care of the arrest record. However, they do make it easier to seal or expunge the arrest record at a subsequent proceeding.

Contact a Board Certified Criminal Trial Lawyer

Serious white-collar criminal charges require a Board Certified Criminal Trial Lawyer. For a free consultation with an experienced Tampa white collar crime lawyer, contact The Matassini Law Firm. Nicholas G. Matassini is Board Certified in Criminal Trial Law by the Florida Bar and is AV Rated by Martindale-Hubbell.

 

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The greatest distinguishing feature among attorneys is their level of experience. Our firm has more than 60 years of legal experience, much of it spent in the courtroom at trial. As a result, our Tampa criminal defense lawyers rarely encounter an unfamiliar situation and can thoroughly answer your urgent questions. Our criminal defense practice features a board certified criminal trial lawyer and two former prosecutors with impressive knowledge of trial tactics and procedures.

The resources to provide quality representation for the length of your case

Whether your case involves a crime or injury, your attorney must be prepared to take the case all the way through trial to verdict. Many defense attorneys advance the cost of litigation, so they can only last so long before financial pressures start to mount. As a client, you have to wonder whether an attorney's advice to settle your case reflects the quality of the offer or their need to get paid. Fortunately, The Matassini Law Firm has the resources to pursue civil verdicts and settlements that reflect the actual value of your case.

Call our Tampa Bay criminal attorneys for a free consultation

A crisis in your life calls for capable and compassionate assistance. The Matassini Law Firm, P.A. addresses your needs all the way through the legal process. For your free initial confidential conference with one of our Tampa criminal defense attorneys, call us today at 813-217-5715 or contact us online.

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