Debunking Myths About White Collar Crimes in Delaware
Though you know the term, you may not fully understand the wide range of legal concepts that fall under the umbrella of “white collar crime.” Most of them are included in the Delaware Criminal Code section on Offenses Involving Property, as they often involve elements of theft, fraud, and other prohibited acts. The basic structure of a white collar crime is making false or misleading statements to obtain money or other item of value, but there are many other complex issues at stake. These subtleties are the reason for the confusion regarding these offenses.
A Wilmington white collar crimes attorney is your best ally if you are under investigation or facing charges. Still, it is important to debunk some of the most common myths about white collar crimes.
It’s easier to get away with white collar crimes. You might presume that you will avoid an arrest or prosecution because officials do not pursue these offenses as aggressively as other crimes. The truth is that law enforcement and prosecuting attorneys have been resolute in going after white collar criminals since the 1980s, when several egregious cases were making headlines. The efforts of Delaware and federal authorities have not relaxed since.
Officials do not go after powerful or wealthy white collar criminals. The criminal justice community focuses on violations of the law, not the economic or social attributes of the alleged offender. If there is evidence of a crime, you can be sure police and prosecutors will pursue the case regardless of your perceived wealth or standing in the community.
Most convicted individuals will not go to prison for white collar crimes. Some offenses are felonies, which trigger mandatory minimum sentencing under both Delaware and federal law. This means a judge does not have discretion to lower your sentence for mitigating circumstances. Plus, many white collar crimes involve multiple counts – sometimes in the dozens of separate charges. Therefore, it is likely that you will be sentenced to prison time if convicted.
White collar crimes are nothing more than theft offenses. This is a myth because there are elements of conspiracy, racketeering, schemes to defraud, and other misconduct – in addition to theft concepts. The end result may be depriving someone of their rightful property, but the different strategies and legal violations in achieving this goal can also be criminal in nature. In addition, there are multiple white collar crimes that do not involve theft, such as drug manufacturing and trafficking.
Count on a Delaware White Collar Crimes Defense Lawyer for Legal Help
One point most people realize is NOT a myth about white collar crimes is that they are highly technical and extremely complicated. There may be a massive cache of evidence and multiple defendants, so retaining experienced legal counsel is essential. If you think you are being investigated or are aware of pending charges, please contact Criminal Defense Attorney Michael W. Modica. You can schedule a consultation at our Wilmington, DE office by calling 302.600.1262 or going online.