White-Collar Crime – Stages in the Criminal Process

White-collar criminal charges rarely go to trial, so there are vast differences between how defense lawyers handle these cases versus typical street crimes.

Pre-charge Investigation and Consultation

The white-collar criminal attorneys at LEWIS & DICKSTEIN, P.L.L.C. have extensive experience handling street and white-collar crimes. When a client contacts us with sufficient time before the state or federal government presses charges with a complaint or an indictment, we can often prevent charges.

In street crime practice, defense attorneys are most commonly brought into cases after the prosecutor files the charge in court. However, LEWIS & DICKSTEIN, P.L.L.C. has found that this is not the case in white-collar crimes. In white-collar crimes, the earlier a white-collar criminal attorney is involved, the better it often is for a person because charges can sometimes be avoided or reduced before they go to court. Frequently, when our firm steps in during the investigation phase, we have been able to stop prosecutors from filing charges in court.

When the white-collar criminal defense attorneys at LEWIS & DICKSTEIN, P.L.L.C. get involved defending white-collar crime felony and misdemeanor cases, we use all available resources at the pre-charge stage to attempt to convince the government not to bring charges against our client. We can also use the knowledge we gain during this process to proactively develop a defense, preserve defense-oriented evidence, and form an early strategy for fighting the charges. Many pre-charge mitigation opportunities are lost if someone waits to hire a lawyer until after the government files. Before being charged, the defendant has more control over the process, and the government has less invested in the investigation and prosecution. The defendant can earn consideration for early cooperation in those cases where the client knows at the outset that they desire a favorable resolution.

Arraignment and Bond

The first step in any felony or misdemeanor prosecution in state or federal court is the arraignment. At the arraignment, the judge or magistrate informs the accused of the charges filed against them and the potential maximum penalties. This hearing is also where the court addresses the issue of pretrial release, commonly referred to as bond or bail.

After the judge reads the charges, the defendant’s attorney has the opportunity to argue for the client’s release while the case is pending. The court considers several factors in setting bond, including whether the defendant is a flight risk and whether they pose a danger to the community. A well-prepared and persuasive argument at this early stage can make a significant difference in whether the accused goes home or remains in custody.

A retained criminal defense lawyer gives a defendant the best chance at securing a personal or low bond. This is especially true when the attorney has a strong reputation in the legal community, comes thoroughly prepared, and has the experience to know which arguments are most effective in a particular courtroom. Experienced and respected defense lawyers can also use their established relationships with prosecutors, agents, and law enforcement officers to help negotiate a favorable bond agreement before the hearing even begins.

Pretrial

How a defense lawyer handles the pretrial phase in a white-collar crime prosecution can mean the difference between success and failure for the client. The prosecution and defense exchange information (police reports, witness statements, evidence, etc.) and make decisions about filing motions at the pretrial. We use the pretrial period to gather information about the government’s case, gain a tactical advantage through pretrial motions, assess the strengths and weaknesses of the evidence, and help the client understand and choose between viable alternatives and options. During the pretrial process, the attorney must switch back and forth between attempting to work out the most favorable plea bargain for the client and planning to provide the best possible defense at trial.

Plea Negotiations for White-Collar Charges

In many white collar prosecutions, a carefully negotiated plea bargain can make the difference between prison time and a far more favorable resolution. Unfortunately, too many defense attorneys enter plea discussions unprepared, reactive, or without a strategic framework. At LEWIS & DICKSTEIN, P.L.L.C., we take a dramatically different approach, and it consistently produces exceptional outcomes.

Our team has spent decades developing and refining a proven system for plea negotiations. We do not rely on a single attorney’s opinion or experience. Instead, we use a collaborative approach where multiple seasoned defense lawyers work together to craft the strongest and most persuasive arguments, specifically tailored to the facts, the prosecutor, and the jurisdiction. As a team, we review every strategy internally so we do not overlook anything and maximize every opportunity.

We also work proactively with the judge to secure a favorable outcome in any white-collar crime case. While we are negotiating with the prosecutor or United States Attorney, we begin preparing to secure the most lenient sentence possible. We study the judge’s tendencies, compile mitigation materials, and present our client in the best possible light. That way, if we successfully negotiate a favorable plea agreement, we are fully prepared to advocate for the most favorable outcome at sentencing.

This method consistently produces results that many lawyers cannot achieve. While other attorneys may settle for standard or expected outcomes, we often negotiate plea deals that involve reduced charges, minimal penalties, and resolutions that protect our clients’ freedom, careers, and reputations.

Trial – When a Pretrial Resolution is Not Possible

A white-collar criminal attorney has similar considerations for trial on ordinary and white-collar crime cases. The issues of trial preparation, interviewing witnesses, issuing subpoenas, and preparing witness testimony are common to both areas; however, the trial preparation and the trial are often much more complex and lengthy in white-collar offenses. In these cases, it is not usual to have thousands of pages of discovery/police reports and highly specialized, industry-specific, and complex records for many lawyers to understand. The trial lawyers with LEWIS & DICKSTEIN, P.L.L.C. are accustomed to handling and defending complicated and intricate engineering, medical, computer, and scientific cases and defenses.

White-collar crimes are also distinguishable from street-level crimes because the white-collar criminal defense attorney has more room to create doubt for a jury, because there is a high level of ambiguity in the white-collar statutes, such as fraud. Here are examples of white-collar criminal offenses:

Sentencing in Financial and Fraud Crimes

The attorneys at LEWIS & DICKSTEIN, P.L.L.C. take sentencing very seriously. Whether a street crime or white-collar crime issue, our approach to this final stage in a criminal proceeding is unique and unmatched by other firms handling these cases. Our defense team goes to great lengths to humanize our client and make him more than just a “file” in the system. Every case and every client has a unique, remarkable story and a background that helps explain why an offense occurred. We will take the time to learn about you and your individual circumstances and treat you with compassion and dignity. Many lawyers take sentencing for granted and take little time to prepare; we consider this phase of the case vital to the client and go above and beyond to achieve a lenient sentence. Avoiding jail or prison when possible is our top priority.

You Need a Top White Collar Criminal Attorney to Defend White-Collar Criminal Allegations in Michigan

When you face possible white-collar crime charges, the government has already started its investigation and is 10 steps ahead of you. You need to have the best white-collar criminal defense attorney available. The law firm of LEWIS & DICKSTEIN, P.L.L.C. has successfully defended clients facing criminal charges or who could be facing criminal charges for many decades. Our attorneys are proud of their reputation for fearlessly and tenaciously standing up for clients against the government. We never allow the government to cut corners or take advantage of the people we represent.

If you call us for a free consultation, we will take the time to talk with you, answer your questions, and address your concerns.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.

We will find a way to help you.
We Are Not Afraid to Win!