Ocean County White Collar Crimes Attorney
Ocean County NJ White Collar Crimes Defense Lawyers
White collar crimes in New Jersey and elsewhere are far and wide mostly financial, non-violent offenses. It may come as no surprise that the government punishes those accused of such crimes more harshly than others. As a society, money and status is valued above all else and the harsh sentencing structure of white collar crimes often reflects this commonly held virtue. For those accused of white collar crimes, it can be a frightening experience in which you are not sure where to turn. Rest-assured that our talented white collar crime defense attorneys have experience defending those arrested and charged with white collar crimes in Ocean County and we can help. We know that often, what the state perceives as truth may not be what really happened. Combing through records, correspondence, and evidence will help sort out the proofs and the pitfalls of the state’s case against you. Whether you are under investigation or formally charged with a white collar crime in towns such as Toms River, Jackson, Brick, Point Pleasant, Berkeley Township, Stafford, Ocean Township, or elsewhere in New Jersey, you need to protect your rights and defend your innocence. Before you go to court or speak with investigators, contact a member of our firm, as we would be happy to discuss your case at no cost. Get answers to your particular questions and sound legal guidance by calling (848) 238-2100 today.
What is Considered a White Collar Crime in New Jersey?
White collar crimes can be filed against you in both the Federal criminal court and New Jersey criminal court. Often, the two have similar prohibited acts prescribed by law. In New Jersey, we have seen cases involving money laundering, theft crimes, forgery, extortion (threat of violence), identity theft, varying forms of fraud, official misconduct, credit card theft and fraud, embezzlement, along with bribery, tax evasion, bank fraud, and mail or wire fraud among others. These crimes are felonies or federal offenses and generally involve the intentional mishandling of money, misappropriation of funds, and overall fraudulent activity.
Who investigates and prosecutes white collar crimes in NJ?
At the state level, local or state law enforcement may investigate white collar crimes. After an investigation is complete and the case is ready for prosecution, a complaint is filed and the case is handed over to a local county prosecutor. Once in the prosecutor’s hands, you can be arrested or the state can proceed to direct indictment and then arrest you on a warrant. In federal matters such as ponzi schemes, check kiting, and other fraudulent activities such as RICO and racketeering offenses, federal agencies investigate the crime and then forward it to the U.S. attorneys who decide whether to prosecute. Ultimately, after the case proceeds, you have certain rights and remedies such as filing motions or forcing their hand at a trial. Make sure you know the difference between state and federal criminal prosecutions in New Jersey and which applies to your case.
New Jersey Sentencing for White Collar Crimes
White collar crimes in state courts are generally charged as second or third degree offenses. The amount of money involved and the position of the person taking the funds or otherwise committing the crime charged makes a difference. For example, if you are a public official or employee and are charged with theft, you may face a second degree criminal charge for official misconduct. Upon conviction for such a serious crime, there is no probationary alternative offered and you may be sentenced to incarceration for a minimum of 5 years and a maximum of 10. The same holds true for extortion cases in which a person threatens harm against another if he or she does not produce money or goods. For lesser crimes in the third degree, such as some types of fraud (credit card, identity theft) jail of 3 to 5 years is possible.
In either scenario when charged with a white collar crime in New Jersey, the court will order restitution and you will be responsible for paying every penny back. In federal cases, the fines imposed on top of the restitution can be crushing. For example, for bank fraud, you can spend 30 years in jail and then be forced to pay a $1,000,000 fine. For healthcare fraud, you can spend life behind bars and still owe the government the amount that you are alleged to have fraudulently received. For securities fraud, the federal government can put you away for 25 years and also order a fine equal to the amount you allegedly took. Moreover, to pay back the government, the items that you obtained as a result of the crime can be confiscated and never returned to you. Often, some property that is bought with legitimate funds can be intertwined with those allegedly acquired fraudulently.
In white collar cases, the government will do all that it can to assist the victim in collecting the restitution owed. Tax returns can be seized, property forfeited, and your wages garnished as a result of an order for restitution. Even if you go to state prison and receive ISP, which stands for the Intensive Supervision Program, the restitution will become part of your release on parole. A violation of the order will result in the revocation of your parole and you can return to prison if violated.
When You Need a Top Toms River NJ White Collar Criminal Defense Attorney on Your Side
Complicated white collar crimes often require forensic accounting and careful investigation. It is not enough to simply accuse someone of a crime. Each piece of evidence has its own story or version of the case to tell and depending how it is used, it can work against you or in your favor. Our white collar crime lawyers in Ocean County, NJ painstakingly review evidence to determine admissibility, the impact on your case, and to devise strategies for best defending you. From filing motions to dismiss, arranging for a downgraded plea, or trying the case, we are here to offer the zealous representation that you need now. Contact us at (848) 238-2100 if you would like to discuss white collar criminal case with a highly skilled white collar crimes defense lawyer from our office. Phones are answered 24/7 and we always provide the free initial consultation to you or anyone else you love facing charges.