Technically, financial crimes like bribery, embezzlement, and fraud are non-violent offenses. But to the alleged victims, these offenses are often just as violent as assaults or other such offenses. So, there is considerable political pressure on Orange County prosecutors to file as many charges as possible in this area, and convict the maximum number of defendants, regardless of what “justice” dictates.
The compassionate Orlando white collar crime lawyers at the O’Mara Law Group understand the pain and confusion that these charges cause. So, we work hard not only to prepare your defense, but also to prepare you for the criminal justice process. Both are necessary to obtain the best possible result under the circumstances. An attorney’s hard work means little if the defendant is so overwhelmed by the process that s/he accepts an unfavorable plea bargain offer just to get things over with.
Common Issues in White Collar Criminal Cases
Most white collar criminal cases have very specific elements which make these offenses difficult to prove in court. That’s especially true since the burden of proof, beyond any reasonable doubt, is so high in these cases.
Bribery is a good example. Typically, bribery is giving an office-holder or bureaucrat money, services, or something else of value in exchange for preferential treatment.Aggressive prosecutors often file these charges if there is any possible connection between a large political contribution and any serendipitous treatment.
But there must be more than a hope, expectation, or even understanding that, for example, Attorney General Ross will drop the case if Jana contributes to his campaign. If that was the standard, pretty much any contribution could be considered bribery. Instead, there must be a specific agreement between Ross and Jana.
Credit card fraud is another example. This offense is using a credit card without permission with the intent to deprive an entity or person of services or property.
Lack of permission is sometimes hard to prove. The typical situation is Jeff’s boss gives him a company credit card for certain purposes. But Jeff’s boss doesn’t clearly define the extent of the usage permission. Intent is often a problem as well. If Amy is drunk when she steals her roommate’s credit card and uses it, she cannot legally form the intent necessary to commit the crime. By the same token, if Amy uses her estranged husband’s credit card without permission because she’s angry at him, she arguably doesn’t have the requisite intent.
Jail Release Options
Jail release, and not case evaluation, is an Orlando white collar crimes lawyer’s first priority in these situations. Prompt jail release jumpstarts a successful criminal defense.
Since white collar crimes are nonviolent offenses, all possible options, including Own Recognizance release, are usually available. OR release basically lowers white collar criminal cases, even felonies, to the level of a traffic ticket. The sheriff releases the defendant if s/he promises to appear at trial.
Other options include cash bond, which is basically a security deposit, and a bail bond, which is essentially an insurance policy.
Frequently, authorities issue arrest warrants in these cases, but they don’t serve them. Attorneys usually arrange for voluntary surrenders in these situations. With an attorney’s help, the book-in and book-out process is brief and relatively painless.
Contact an Assertive Orange County White Collar Crime Lawyer
Fraud accusations do not necessarily lead to fraud convictions. For a confidential consultation with an experienced white collar crime attorney in Orlando, contact the O’Mara Law Group, Attorneys at Law. We routinely handle matters throughout the Sunshine State.
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