It’s never easy to be accused of anything, let alone criminal action, let alone serious fraud.
When that happens, you may feel a sense of panic and feel unsure of what to do next. That much is entirely understandable. However, given the severity of the matter, it’s important to make sure you don’t do anything that could potentially harm your defense.
Assuming that you’ll experience an arrest and potential criminal charges, our expert criminal defense team has developed some immediate advice to help you:
Your first instinct might be to explain everything, clear up any misunderstandings, or prove your innocence right there on the spot, but that could be the worst possible move you make in this situation. Police officers are trained to ask questions that seem helpful but can actually trap you into saying something that sounds incriminating later, even if you’re completely innocent of any wrongdoing.
The right to remain silent exists for good reasons, and you should use it without feeling guilty or worried that staying quiet makes you look suspicious. As part of reading your rights, the police will suggest “You do not have to say anything, but it may harm your defense if you do not mention, when questioned, something which you later rely on in court.”
Remember that everything you say during questioning gets recorded and can be used as evidence against you in court, so there’s really no benefit to speaking before you’ve had proper legal advice from criminal lawyers who understand fraud cases inside and out.
You might think you can talk your way out of trouble or that being cooperative will somehow make things go away faster, but fraud investigations are comlpicated, and will often involve months of financial analysis and document examination. One offhand comment about dates, amounts, or your understanding of certain transactions could completely undermine a defence strategy. If arrested, fully co-operate, but do not feel obliged to speak until you speak to legal representation. Request a solicitor, and contact us.
The moment you realize you’re under investigation, you need to think carefully about any documents that might be relevant to your case, and that probably means a lot more paperwork than you initially imagine. Do not shred or hide anything. Bank statements, emails, text messages, receipts, contracts, and handwritten notes could all become very essential pieces of evidence that either support your defence or get used against you by prosecutors.
Again, don’t start throwing things away or deleting files because that could be seen as destroying evidence, which is a separate criminal offence that could land you in even more trouble. At the same time, you want to make sure that important documents don’t get lost, damaged, or accidentally disposed of during the stress and chaos. If they’re relevant, make copies of them and keep them in a folder for your solicitor. Or, if arrested, let your solicitor know where to find them.
This might be the hardest part of dealing with fraud allegations because you probably feel embarrassed, scared, or worried about how certain facts might look to anyone examining your situation. The truth is that fraud lawyers have seen everything before, and they’re not there to judge your past decisions or business practices. They’re here to make sure you have the best defense possible.
Your defence lawyer needs to know about any potentially damaging information before they start building your case because getting surprised by evidence during the investigation or trial can be absolutely devastating to your chances of a successful outcome.
Professional privilege means that what you tell your solicitor stays confidential, so there’s really no downside to being completely transparent about everything that might be relevant to your case.
Fraud cases will often be defined by timing and exact numbers, so having accurate information about when things happened and how much money was involved can make or break your defence with your fraud lawyer. Your memory of events from months or years ago probably isn’t as reliable as you think it is, especially under the intense, worrisome experience of a criminal investigation.
You’ll be advised to begin putting together a timeline of relevant events while they’re still relatively fresh in your mind, and try to find documentation that confirms the dates and amounts you remember. Talk to your solicitor about phone records, calendar entries, credit card statements, and email times, because they can all help define the scope of the case..
24 hour solicitors who deal with fraud cases regularly know that having detailed, accurate information early in the process can make or break a defense, so let them offer you their professional guidance in this matter.
The legal system gives you certain protections and rights that you should understand and use to your advantage, but these aren’t always explained clearly during the stress and confusion of being accused of serious criminal offences, nor by the police always either. You have the right to legal representation, the right to know what you’re being accused of, and the right to see the evidence that’s being used against you.
You also have the right to challenge evidence that was obtained improperly and to have your case heard by an impartial jury if it goes to trial. Understanding these rights helps you make better decisions and not feel pressured into anything outside of what you’re legally obligated to do.
Tax fraud cases, in this example, will generally include pretty intensive regulations and contractual obligations that even experienced business people don’t fully understand, so having criminal lawyers who specialize in these types of cases becomes essential for protecting your interests. The prosecution has substantial resources and expertise available to them, so you need equally skilled legal representation to match that, and to better have your day in court, or hopefully, have the case dismissed before it begins.
For any legal representation and assitance, please contact us today.
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