Common Mistakes to Avoid in a Criminal Case

Thurston Lopes • June 8, 2019

If you're unfortunate enough to find yourself charged in connection with a crime, you may well be involved in one of the most trying circumstances you'll ever face. If you're accused and arrested, the immediate actions you take can impact the remainder of your life. Criminal charges and convictions can alter your career trajectory, cause rifts with friends and family members, and result in severe punitive measures enforced by the state. No matter what criminal charges you're facing, it's important that you contact a criminal lawyer immediately to protect your rights and prepare your defense.


Criminal cases in metro-Atlanta and Marietta, GA are different in each county, and they aren't navigable by the average person. You'll need a skilled, experience attorney to help shepherd you through the process and defend you against the charges you're facing. It's important that if arrested, you avoid some of the most common mistakes that are made by the accused that can put the success of your criminal defense in jeopardy. Even the best criminal defense lawyer in Atlanta, may not be able to help you if you fall into these initial errors in judgment. Read on to learn more about a few of the common mistakes that you must avoid if you're facing criminal charges.


MISTAKE 1: NOT HIRING A LAWYER

When you are charged with a crime, your first call shouldn't be to friends, family members, or the police. In fact, the first person you should talk to after being charged is your attorney. Whether you have a relationship with a lawyer before you are charged or not, it's important that you immediately find suitable counsel before answering any questions or talking to anyone about your case. In some criminal cases, the defendant may believe that hiring a lawyer is unwarranted. However, a skilled defense lawyer who has years of experience in both metro-Atlanta and Marietta, GA can provide you with your best chance of fair treatment in the courtroom and a successful defense of your case.


MISTAKE 2: WAITING TO HIRE A LAWYER

Another common mistake made by those facing criminal charges involves not immediately hiring a lawyer while operating under a belief that the charges may disappear. Whether you believe the case against you is fraudulent or the evidence will prove your innocence, there is no criminal law circumstance in which the accused should go without legal representation. The evidence may indeed be on your side and your innocence may eventually be proven. However, you still need to hire an attorney as soon as you are charged to offer counsel and act on your behalf to protect your rights and interests. Waiting until the trial date to hire an attorney is a big mistake, as the shortened timeline to prepare your defense could hamper your case.


MISTAKE 3: TALKING WITHOUT A LAWYER PRESENT

Many people are so shocked and intimidated at the prospect of arrest and subsequent criminal charges that they undermine their own cases by speaking prematurely. If you are arrested, you have the right to remain silent. When you are armed with the knowledge that anything you say will be used against you, do not speak to police. There is nothing to be gained by offering information without your attorney present, even if you are pressed by the arresting authorities. You don't have to answer questions or offer any information that is requested before speaking with an attorney. In fact, it is critical that you don't speak to anyone after your arrest. Instead, you should ask for your attorney and avoid answering any questions or offering any information until your attorney is on-site. That will help to ensure that you don't say anything incriminating and that no information you offer can be used against you in a trial.


If you find yourself charged with a crime, your first step should be to contact Attorney Thurston Lopes of The Lopes Law Firm and the legal representation you need. Your best chance of a successful outcome to your case is hiring the best criminal attorney in metro-Atlanta and Marietta, GA to defend your rights. Call The Lopes Law Firm at (404) 589-9000 and get a case evaluation today, so don't wait.

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White collar crimes are non-violent offenses that typically involve deceit, fraud, or financial misconduct. These charges can carry severe penalties, including substantial fines, restitution, and long-term imprisonment, as well as significant damage to your professional reputation and personal life. At The Lopes Law Firm in Georgia, we are dedicated to providing strong defense strategies for individuals and businesses facing white collar crime charges.  What Are White Collar Crimes? White collar crimes are typically committed by individuals or organizations in professional or business settings and often involve financial wrongdoing. These crimes can be complex and may involve multiple parties, fraudulent schemes, or violations of federal and state laws. Common types of white collar crimes include: Fraud: Fraud can take many forms, including securities fraud, insurance fraud, healthcare fraud, and credit card fraud. Fraud involves intentionally deceiving another person or entity for financial gain. Embezzlement: Embezzlement occurs when someone unlawfully takes money or property entrusted to them, often in a workplace setting. Insider Trading: This crime involves buying or selling securities based on non-public, material information, typically by someone with privileged access to the company's financial or business data. Bribery: Bribery occurs when someone offers, gives, receives, or solicits something of value in exchange for influencing the actions of an individual in a position of authority, such as a public official. Money Laundering: Money laundering involves disguising the origins of illegally obtained money by transferring it through a complex sequence of banking transfers or commercial transactions. Tax Evasion: Tax evasion refers to the illegal avoidance of paying taxes by underreporting income, inflating deductions, or hiding money in offshore accounts. Identity Theft: Identity theft involves unlawfully obtaining someone else’s personal information (such as Social Security numbers or credit card details) to commit fraud or other crimes. Penalties for White Collar Crimes in Georgia White collar crimes are prosecuted at both the state and federal levels, and the penalties for conviction can be severe. Depending on the nature and scale of the crime, penalties may include: Fines: Convicted individuals or businesses may be required to pay substantial fines, often in the millions for larger, more complex crimes. Restitution: Defendants may be ordered to pay restitution to the victims of their crimes to cover financial losses. Imprisonment: Many white collar crimes carry lengthy prison sentences, with some offenses leading to decades of imprisonment in federal or state prison. Probation: In some cases, individuals convicted of white collar crimes may be placed on probation, which involves strict supervision and compliance with court-mandated conditions. Damage to Reputation: Beyond the legal penalties, a white collar crime conviction can irreparably damage your professional and personal reputation, making it difficult to secure future employment or business opportunities. Defending Against White Collar Crime Charges White collar crime cases are often complex, involving intricate financial transactions, detailed evidence, and multiple parties. At The Lopes Law Firm, we have experience handling these complex cases and are prepared to develop a strong defense tailored to your specific situation. Some common defense strategies include: Lack of Intent: Many white collar crimes require proof of intent to deceive or defraud. If we can show that you did not have the intent to commit a crime, it could lead to a dismissal or reduction of charges. Insufficient Evidence: White collar crime cases often hinge on documentary evidence and witness testimony. We will carefully examine the evidence against you, challenge its credibility, and work to have any weak or inadmissible evidence excluded from court. Duress or Coercion: In some cases, individuals may be pressured or coerced into participating in fraudulent schemes. We can argue that you acted under duress and were not a willing participant in the criminal activity. Entrapment: Entrapment occurs when law enforcement officers induce an individual to commit a crime that they would not have otherwise committed. If we can demonstrate entrapment, it may be possible to have the charges dismissed. Good Faith or Mistake: In certain cases, individuals may believe they were acting within the law or following standard business practices. If we can show that you made an honest mistake or acted in good faith, this may serve as a defense. The Importance of Hiring an Experienced White Collar Crime Defense Attorney White collar crime cases require a deep understanding of financial law, intricate business practices, and federal and state regulations. Hiring an experienced defense attorney is critical to ensuring that your rights are protected throughout the investigation and legal process. At The Lopes Law Firm, we understand the complexities of white collar crime cases and are prepared to defend your interests aggressively. We work closely with forensic accountants, financial experts, and investigators to build a robust defense strategy. Our goal is to reduce the charges against you, negotiate favorable outcomes, and protect your professional reputation. How The Lopes Law Firm Can Help If you are under investigation for a white collar crime or have already been charged, it’s essential to act quickly. The sooner you consult with an experienced defense attorney, the better your chances of building a strong defense. At The Lopes Law Firm, we provide comprehensive legal services, including: Representation during Investigations: If you are under investigation, we will advise you on how to respond to inquiries from law enforcement, protect your rights, and help you avoid self-incrimination. Developing a Defense Strategy: We will thoroughly review the facts of your case, analyze the evidence, and build a customized defense strategy based on the specifics of your situation. Negotiation and Plea Bargaining: If appropriate, we will negotiate with prosecutors to seek a reduction in charges or penalties, including plea agreements when it is in your best interest. Trial Representation: If your case goes to trial, we will provide aggressive representation in court, working to challenge the prosecution’s case and advocate for your acquittal. White collar crime charges can have serious, long-lasting consequences for your life and career. If you are facing accusations of fraud, embezzlement, money laundering, or other white collar crimes in Georgia, you need an experienced defense attorney to protect your rights and your future. At The Lopes Law Firm, we have the knowledge and experience to help you navigate these complex legal matters and achieve the best possible outcome. Contact The Lopes Law Firm today for a consultation and let us help you build a strong defense against your white collar crime charges.