December 24, 2019
What leads to a peaceful surrender for white-collar defendants?
Embezzlement. Fraud. Ponzi schemes. Extortion.
All of these white-collar crimes carry hefty penalties. Even so, if you were charged with a white-collar crime, would you be afforded the option to surrender peacefully? Well, It depends.
Are you wealthy?
Are you powerful?
Do you carry influence?
Unsurprisingly, these elements matter when law enforcement or the federal government decides to apprehend someone of a crime, especially a white-collar crime. All are not created equal in the eyes of accusation. The rich and the poor, in the white-collar world, are not treated the same.
Other factors that contribute to the opportunity of self-surrender are whether the authorities feel the suspect is a threat to destroy evidence or whether they are a safety risk to themself others. If that’s the case, self-surrender would likely be out of the question.
The attorney’s influence
The American Bar Association Journal (ABA) states that the defendant’s attorney can influence the summons process. If the attorney is a skilled negotiator, has a good track record and has a good relationship with the United State’s or state attorney’s office, depending on the severity of the white-collar offense, your chances of acquittal, lesser penalties or peaceful surrender improve.
The fact of the matter is that influence matters. That said, indicted or charged white-collar crime defendants who aren’t wealthy or carry influence can still receive quality defense. You would yet have the opportunity to fight the charges against you. The possibility to walk free is still relevant, but the likelihood of being able to surrender yourself freely may be out of the question.
