White Collar Crime News

20 reasons to call a white collar criminal defense attorney July 28, 2009

I see way too many people come into my office when it is already too late. The difference between prison and freedom, a criminal record and no record, unemployment and a great career may not only be what attorney you call, but when you call that attorney. To make it clear, I came up with a list of twenty scenarios where you should call a white collar criminal defense attorney right away. You may not need to hire the attorney, but you at least need to get advice on how to proceed and whether or not you have any exposure.  Even better, if you call early enough, you can often prevent any charges from being filed which will keep your legal fees low.

 1. Arrest

If you are arrested, you should call an attorney ASAP. The sooner you get a good attorney involved in your case, the greater the chance for a successful result.

2. Arrest of someone closely associated with you (family member, friend, co-worker)

If someone close to you has been arrested and there is a chance that their criminal activity is associated with you in any way, see an attorney right away.

3. Conviction

Many people choose the wrong attorney the first time around. It can’t hurt to call a good attorney to check your options now that you are convicted.

4. Call from police asking to make statement

You have the right to remain silent and anything you say will be used against you. Don’t think that you can explain it away. Call an attorney or risk a conviction as a result.

5. Knock on door from law enforcement

If law enforcement knocks on your door and makes a request, you should call an attorney right away before doing anything. Unless they have a warrant, they can always come back later.

6. Subpoena from law enforcement requesting records and/or testimony

Many white collar crime cases start with a subpoena. You may not have to turn over anything or you could limit what you turn over. Call an attorney for guidance.

7. Allegation from DYFS of any type of child abuse or neglect

While DYFS investigations and criminal prosecutions do not always go hand-in-hand, they quite often do. Thus, anything you say to DYFS could be used to convict you.

8. Investigation from Administrative agency regarding possible criminal conduct

You do not have the same rights in an administrative action as you do in a criminal court. Thus, you could open yourself to criminal prosecution if you make the wrong step. This could be in the form of a demand for inspection, a subpoena or a set of interrogatories.

9. Investigation from employer for possible criminal activity

You have no Miranda rights with your employer and private companies will prosecute you.

10. Discipline from employer for criminal activity

Now that you have been disciplined or terminated for possible criminal wrong-doing, you need someone to field any possible calls from law enforcement.

11. Civil suit complaint alleging possible criminal activity

Setting up a team of attorneys for the civil case that can make strategic use of discovery proceedings to set up the eventual criminal case can make all the difference.

12. Subpoena for deposition in civil case

A fishing expedition in a civil case could lock you into a statement that can be used down the road in a criminal case where you could be seriously regretting your own words.

13. Subpoena for testimony at grand jury

You are only one piece of the puzzle and thus, you may not know the goal of the grand jury. Your testimony could lead to an indictment of a friend, family member or even yourself.

14. Letter from insurance company regarding investigation

Insurance company investigations discover a majority of the insurance fraud that is criminally prosecuted in New Jersey. Again, you have no Miranda rights here.

15. Request from insurance company requesting an Examination Under Oath (EUO)

Same as above, however, this is a sure sign that you are suspected of insurance fraud. Having an attorney guide you through the process can be priceless.

16. Allegations of criminal activity in divorce case

A soon to be ex-spouse can be out for blood. Consulting with an attorney about possible criminal activity such as invasion of privacy can give you piece of mind.

17. Tevis claim as part of divorce complaint

Not just a mere allegation but a civil claim seeking damages. Criminal complaints can be used for leverage. Having a good criminal defense attorney to shut this down is key.

18. Identity theft or unknown items on credit report

Innocent people are arrested everyday because someone else stole their identity. You need an attorney that can clear up both your good name and credit.

19. Property seized by law enforcement

If your property is seized, there is a good chance you are not getting it back regardless of what the police say. Call an attorney right away to look into your options and criminal exposure.

20. IRS notice that there was a problem with your taxes

The IRS can be easy to deal with if they approached early and in the right way. After a while, they lose their patience and you find yourself indicted for any number of tax crimes.