Finding out that you’re under investigation for criminal activity is stressful and frightening. It is critical to stay calm and keep your wits about you. What you do in the initial stages of your case can have a significant effect on its outcome.
Some of the most critical mistakes people make when they’re facing white-collar crime charges happen long before they ever set foot in a courtroom. Educating yourself on the law and avoiding the following three missteps can make your defense easier and help protect your future:
1. Destroying or altering evidence
Don’t panic and start deleting emails, shredding documents, wiping your phone or otherwise tampering with anything that might be considered evidence in your case – even if you think those items look incriminating. You will do more harm than good.
Destroying or altering evidence may be considered obstruction of justice and can lead to additional criminal charges even if there is no other valid case against you. In many cases, the destruction of evidence can become the strongest proof against you, with it being seen as evidence of a “guilty mind.”
2. Lying to investigators
It is a crime to lie to federal investigators. Even a seemingly innocuous, “I don’t know,” said to buy a little time can be construed as obstruction of justice if you are later forced to admit that you do know something. Martha Stewart famously went to jail after she lied to investigators about her actions in an insider trading scandal – even though she was never convicted of the underlying offense.
Saying nothing at all is not a crime. It is far better to invoke your right to remain silent as soon as you are contacted by law enforcement instead of trying to talk your way out of trouble. Your attorney should handle all your communications from the start.
3. Talking about the case
Finally, as much as you may want support, avoid talking to anyone about the case in any way – except for your attorney. Attorney-client privilege protects you, but not what you might say to friends, family, coworkers or others. This includes comments in casual conversation, text messages, emails and social media posts.
Investigators may interview or subpoena someone regarding such communications. The wrong stray comment could undermine your defense before it starts. Seeking the guidance of a skilled and experienced defense attorney early on can often steer you away from disaster and keep the situation from escalating.