Legal Tips from a Criminal Defense Attorney

Thurston Lopes • January 16, 2017

If you or someone you know gets arrested, it is time to contact a criminal defense attorney. A criminal attorney can help you understand your rights and help you explore your options going forward. Getting arrested can be intimidating, scary, and overwhelming. The Lopes Law Firm, with offices in Atlanta and Marietta, GA can help protect your rights, defend you in court, and maintain your innocence.


IF BEING INVESTIGATED

If you are accused of a crime, police officers may try and make a case against you whether tell you are guilty or innocent. A defense attorney can begin working immediately to help you stay out of jail. Once a police department begins to investigate you, it is important to discuss your rights with an attorney. A good lawyer can begin discussing your case immediately and can help keep the investigation from going any further if they don't have a case. If you get arrested, your attorney can go to court and ask the judge to release you pending trial, and then begin the work of proving your innocence.


AT COURT

If you are arrested, you will typically have a hearing within 48 to 72 hours. Your first hearing is where a magistrate judge initially determines if there is any evidence to justify holding you in jail before trial. The judge will tell you of your right to remain silent and to an attorney. Moreover, you generally be given a bond that is designed to assure your presence at trial. Attorney Lopes can advise you and help protect you through the first stressful hearings and prepare for your second hearing, where the prosecutor has to prove to the judge that there is enough evidence to present a case against you for each of the charges you are accused of.


You will then be required to attend a series of pre-trial hearings. At these hearings you can begin planning towards a trial. If the case against you is strong, your attorney can help work out a deal with the prosecutor to minimize jail time or other consequences. If you take your case to trial, your attorney will present your defense. If you plead guilty or are found guilty at trial, an attorney can still assist you. You will have to attend a sentencing hearing, where the attorney can present mitigating factors in your defense.


The Lopes Law Firm, with offices in Atlanta and Marietta, GA can help protect your rights, defend you in court, and maintain your innocence. Contact The Lopes Law Firm at (404) 589-9000 or request a consultation, as we are available to help you day or night. We're here to help you.

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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.