Resolving White Collar Criminal Matters

Embezzlement, bribery, and other white collar criminal matters usually settle out of court. About 94 percent of white collar crime cases settle out of court. According to an old saying, a bird in the hand is worth two in the bush. The certainty of something good (a favorable plea bargain) is better than the possibility of something better (a not guilty verdict at trial). This principle especially applies in agreed plea matters. More on that below.

Whether a white collar crime case settles out of court, a Tampa criminal defense lawyer uses the same approach. First, an attorney thoroughly evaluates a case and identifies all possible defenses, such as procedural, substantive, or affirmative defenses. Since these defenses must be strong enough to create leverage in settlement negotiations, evidence collection and additional research is very important. Then, during negotiations themselves, a good attorney knows when to compromise and when to stand firm.

Agreed Plea

Nearly all negotiated settlements are agreed pleas between the prosecutor and a Tampa criminal defense lawyer. Technically, the judge has the last word. S/he has the power to reject an agreed plea bargain. However, that only happens in rare cases.

We mentioned the three kinds of criminal defenses above. These defenses are critical to a successful outcome. Now, let’s break them down a little further.

Procedural defenses usually include Fourth and Fifth Amendment violations. Searches and seizures require valid warrants. A few limited exceptions apply. Suspects have a Fifth Amendment right to remain silent during questioning. The Fifth Amendment also protects behavior, like standing in a lineup. Affirmative defenses include entrapment and coercion.

Usually, the prosecutor makes the first offer, based on the severity of the offense and the defendant’s criminal record. Leveraging these defenses, an attorney makes a counteroffer. Negotiations continue until an agreement is reached.

Frequently, this agreement includes pretrial diversion or deferred disposition. Pretrial diversion is suspended prosecution. The state agrees to hold off while the defendant completes community service, pays a fine, and completes other program requirements. Then, the state dismisses the case. Deferred disposition is basically post-trial pretrial diversion. After the defendant pleads guilty, the judge defers the finding of guilt until probation ends. At that point, if the defendant has a good probation record, the judge dismisses the case.

Open Plea

In an open white collar crime plea, defendants almost literally throw themselves on the mercy of the court.  Usually, an attorney arranges an open plea if negotiations with prosecutors completely break down.

Procedurally, an open plea is usually a combination of a plea and a trial. The judge usually hears evidence about mitigating circumstances before passing judgment.

Open pleas are very risky. The judge may sentence the defendant to anything up to the maximum. However, an open plea isn’t as risky as a bench trial or a jury trial. During a bench trial, the defendant’s personal life is basically open season. Furthermore, there’s no way to predict how a jury will rule.

Slow Plea

A slow plea, which is rare in white collar crime cases, is a modified form of an open plea. The defendant pleads guilty and a jury assesses punishment. The slow plea is most effective in violent criminal matters if no legal defense is available but extenuating circumstances exist.

Contact a Diligent Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters throughout the Sunshine State.

Source:

themarshallproject.org/2020/11/04/the-truth-about-trials