Cornelius White Collar Crimes Lawyer

When a person is convicted of committing a white collar crime such as embezzlement, financial transaction card theft, mail or wire fraud, financial identity fraud, forgery, trafficking stolen identities, or tax evasion, the charge can range from a Class 1 misdemeanor to a Class C felony. If the crime is charged as a felony and the accused has a previous criminal record, they will likely face increased periods of incarceration as a result of North Carolina’s sentencing structure. In addition to incarceration, judges in North Carolina can order those who have been convicted of white collar crimes to pay fines at the court’s discretion. 

Beyond incarceration and the imposition of fines, those convicted of white collar crimes in Cornelius often face other implications, even after they’ve “done their time” and paid the penalties involved in the conviction. These implications include:

• Significant harm to the offender’s professional reputation and career. This can include one losing their professional license or preventing them from working in certain fields, including jobs in law enforcement, hospitals, or educational fields
• Loss of federal assistance, such as housing assistance, food stamps, or student loans
• Loss of civil rights such as the right to vote or to own a firearm. These rights may be restored through expungement
• Embarrassment and financial distress as a result of the conviction

White collar crimes are considered a violation of the public trust in North Carolina. Because of this designation, those convicted often face harsher penalties than other types of crimes.

When an individual is arrested for a white collar crime in Cornelius, they will have an initial appearance before a district court judge. After this initial appearance, they will be provided the opportunity to obtain a white collar crimes attorney privately or have court appointed counsel. If the defendant is being charged with a felony, they will have a probable cause hearing within 15 days of their initial court appearance.

When a defendant is charged with a misdemeanor, their case will usually be resolved in district court. However, felonies are generally resolved in superior court. Often, cases are resolved through a dismissal or a plea deal before trial begins. White collar crimes can be tried either through a bench trial, which involves a judge hearing the case and making determinations on guilt and sentencing, or a jury trial, in which both the defendant’s attorney and the prosecutor participate in jury selection.

One of the most important things for a person to do after being accused of a white collar crime in Cornelius is to seek the assistance of an experienced criminal defense lawyer. A white collar crimes lawyer can thoroughly investigate the circumstance behind the accusation and provide an array of legal options depending on the details of the case.

In some cases, a Cornelius white collar crimes lawyer can discover that there were violations to the accused’s civil rights during the investigation, arrest, or court process that would result in a dismissal of the charges. In other cases, the white collar crimes attorney will develop a defense strategy to fight the charge or reduce the consequences of it. Some of the defenses commonly used in white collar crimes cases include intoxication, legal incapacity, entrapment, or duress. Another common defense when someone has been charged with a white collar crime is lack of intent, which is often a factor in cases involving tax evasion.

In addition to preparing a defense strategy, a criminal defense lawyer also may provide a number of other services, including assistance with the expungement process in order to restore a convicted party’s civil rights, participating in jury selection, arranging plea deals, and filing motions and representing the defendant’s interests at pre-trial hearings as well as during sentencing.