Your Constitutional Rights During a White-Collar Criminal Case February 10, 2019 | Criminal
A white-collar criminal case is often difficult for prosecution and investigators to prove. If you have been charged with a white-collar crime, it is important that you know your constitutional rights in these matters. Investigators and prosecutors will try everything they can to prove your guilt. It is important that you stand up for yourself and have representation to stand up with you.
The Rights to Remain Silent and Have an Attorney
You do not have to answer any question put before you by an investigator or prosecutor. You have the right to remain silent if you are afraid that your answer may incriminate you, whether or not you are guilty of the crime. It is always best to contact an attorney as soon as you are notified of an investigation. Your attorney should be present during any questioning.
You should also apply this rule to any internal investigations or reviews that may occur within your employer’s organization. Often, employees feel that they absolutely must cooperate with internal investigations, and then find themselves facing criminal charges based on loosely made statements to someone they thought they could trust. Never answer questions that could incriminate you without an attorney representing you, not the company.
The Right Against Unlawful Search and Seizure
There are avenues that must be pursued for a prosecutor or investigator to search your belongings or premises, whether that be in your office, your home, or your vehicle. You are under no obligation to allow a search of your property without a valid search warrant being presented. Even if you think it may help your case, it is best not to allow any searches that are not ordered by the courts.
The Right to Be Presumed Innocent
Even in white collar criminal cases, you are innocent until proven guilty by a court of law. This is a right granted to you by the constitution. Prosecutors or investigators may attempt to treat you as a guilty party even if they do not have sufficient evidence to win a case in court. You should be given respect and courtesy throughout the investigation and proceedings. Often in white collar criminal cases, unless malicious intent can be proven, the cases are dismissed.
If you have been charged with a white-collar crime, contact us today for a consultation. Our experienced team can help ensure your constitutional rights are protected.