How Innocent Defendants Handle Criminal Charges

Thurston Lopes • February 15, 2018

In every city and county in the State of Georgia and the United States innocent citizens have criminal charges filed against them, even when they are innocent. No matter why the charges were filed, you are probably wondering what you can do in this situation and how you can avoid going to trial or getting a conviction. Below are a few ways that you and your criminal attorney can get you out of this position.


FILING DECISION

Prosecutors make the decision to file formal charges based upon the information available to them. Though a police officer has arrest powers if they witness a crime, the police cannot formally charge any person with a crime. Prosecutors make such a decision based upon police investigation and reports involving the event in question. Preliminary police reports are undetailed and provide a limited amount of evidence, which are often incorrect, distort small details, and may be completely wrong. Victims and witnesses can lie and police officers have their own biases, all of which can contribute to a false police report. If the charges in the report are baseless, the defendant can still go to court and hope for an acquittal. This, however, is risky, stressful, and very pricey. For these reasons, a great defense lawyer can try to nip it in the bud before the case makes it that far.


DISMISSAL

A good criminal defense lawyer in Atlanta, Marietta or in Federal Court can become involved in the case early in the process. Your lawyer will ask you for your recollection of the event and any other relevant facts. From there, they will decide the best course of action. They may choose to investigate the incident and gather their own information. With the evidence collected, your attorney can try to get the case dismissed before it ever gets started by making contact with the prosecution. Even if formal charges are later brought against you a good criminal lawyer may be able to later get your case dismissed without trial.


WAIT

In some limited situations, the best thing you can do is simply wait. It can take time for the prosecution to discover that the case has insufficient evidence for a conviction. This can happen if a witness recants their story or if they are otherwise not credible. In the situation where charges are suddenly brought, the case may go away at a preliminary stage in the case before a neutral and detached magistrate judge where the evidence of probable cause is insufficient or after formal charges are filed if your criminal defense attorney wins a pretrial motion. There are a few different in-court scenarios that can cause your case to end quickly without a plea or a trial.


CONTACT AN ATTORNEY

If criminal charges are filed against you, you will undoubtedly need to find an excellent criminal defense attorney. Only a skilled and professional lawyer can perform the tasks mentioned in this article. Attorney Thurston Lopes is an experienced criminal defense attorney who can help you determine the best method to use to give you the best chance of having the case dropped before a trial.  Contact The Lopes Law Firm at (404) 589-9000 today.

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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.