If you are the subject of a federal investigation, it likely means several things. The FBI may have conducted surveillance on you, tapped your phones, and, most importantly, spoken with people who know you. This is what is done when they are building a case to take to trial or extract a guilty plea. Should you wish to survive such a daunting experience, getting a Manhattan federal lawyer or financial crime defense lawyer is absolutely essential.
An experienced criminal defense lawyer will explain the law to you, assist in preparing a defense and advise you about your rights before you speak with the police. Here are some top strategies you need to follow in financial crime defense.
Don’t Talk to Police before Talking to Your Lawyer
An experienced attorney will inform you that under the U.S. Constitution, you have the right to remain silent. This applies when being questioned by law enforcement, or any other person or entity, about a suspected crime. Most people instinctively feel the need to explain where they were and what they did at the time of a crime. The problem with this is they may inadvertently admit that they knew the victim or co-conspirators or were involved in the crime. In some cases, such disclosure may be beneficial; for example, in cases where you receive immunity. For this to happen, however, you need to speak to a lawyer before the law enforcement. This way you end up protecting your legal rights and can ensure you retain maximum leverage in negotiations. Critically, you also guarantee that you are able to best prepare for the most gruelling of legal encounters, the trial.
Take Precautions with Your Phone, Email and People You Know!
To win a case, preparation is key. It does not start when you are charged. It does not start at jury selection prior to trial. Rather, you should start thinking about trial from the very second you suspect you are the subject of an investigation. For federal investigations, that means you must be mindful of what you say on phone calls and in correspondence. It’s very likely that the authorities may have already obtained copies of all your communications through co-operating witnesses or yet to be disclosed search warrants. Should any of this information inure to your benefit by showing you are not culpable for criminal conduct, you need to make copies of that information and forward it to your lawyer.
Another thing to be mindful of is entrapment. Sometimes, a co-operating witness may approach you in a clandestine manner seeking to discuss the topic of a police investigation. Of course, he or she will not reveal that they are now acting at the behest of law enforcement. Again, the prudent path is to get a financial crime lawyer immediately and cease all contact with anyone you suspect of trying to entrap (solicit participation in a crime) you.
Build Your Own Case
Emails get deleted, memories fade and events can be misinterpreted. Accordingly, make a detailed record of all the evidence which indicates you may not be guilty of the crime. As such, your lawyer will be able to build a theory of the case, speak to witnesses and obtain subpoenas to get copies of records that can assist you in the case. As the saying goes, the early bird catches the worm. Preparing for the case is not something that should be done in a haphazard fashion, so get legal advice now.
Understand the Court Process
The U.S. legal system can be somewhat complicated. As far as criminal law, there are state and federal charges. If you have been arrested, you need to understand exactly what the charges against you are. You are likely to prepare and fight a state case differently from a federal case, which requires more resources.
We operate in all courts in New York, so we are very familiar with a range of criminal charges and know exactly when and how to fight them.
If you need to speak to a criminal white collar lawyer, criminal defense attorney or criminal defense lawyer in New York, you should give us a call for a consultation. Our experience allows us to defend cases in New York state and federal courts. The more experienced and fearless your counsel, the better the deal you are likely to get. We DO NOT, however, like to accept pleas. Our preference is to fight vociferously for the rights of our clients.
The most important thing you can do is get ADVICE ON YOUR CASE NOW.