The term “white collar crime” was first defined by sociologist Edwin Sutherland in 1939 as “a crime committed by a person of respectability and high social status in the course of his occupation”. Though the term is used to cover a broader range of crimes in the 21st century, the general definition still applies. As a general rule, people who commit white collar crimes are people that are from the middle to upper socio-economic class and are people whom society otherwise respects. With that in mind, are defendants in white collar crimes treated differently than other defendants?
White collar crimes are non-violent offenses that are generally committed for financial gain. Some common examples include:
• Fraud
• Insider trading
• Embezzlement
• Bribery
• Copyright Infringement
• Money laundering
• Cyber crimes
• Identity theft
• Forgery
Because white collar crimes are non-violent crimes, and the defendants are often well respected members of society, it may appear as though they are treated differently within the judicial system. In some ways, this may even be true; however, do not make the mistake of believing that white collar crimes cannot lead to a lengthy period of incarceration, because they certainly can.
A white collar defendant may be more likely to be released pending the outcome of his/her case; however, that is because the factors on which a judge usually makes bond decisions come out favorably to most white collar defendants. A judge looks at the severity of the crime, the likelihood that the defendant will flee the jurisdiction, and the potential risk to the community if the defendant is released. White collar crimes can be serious felonies; however, they are non-violent. Most white collar defendants have significant ties to the community and do not have a history of failing to appear for court. Finally, the average shite collar defendant poses little immediate threat to the community. Therefore, he/she is likely to receive a low bond.
Most white collar defendants also have no previous criminal history, making it more likely that the prosecutor will agree to a diversion program or a plea agreement that does not require jail time, it the facts of the case warrant doing so.
If, however, the case involves numerous victims and/or a sizable financial loss, a defendant in white collar crime is likely to be treated the same as any other defendant facing serious felony charges. Most importantly, the defendant in a white collar crime prosecution often faces a lengthy period of incarceration if convicted, just like other defendants facing felony charges.
If you have been charged with a white collar crime in Nebraska do not assume you will be treated favorably and given a light sentence. Instead, contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney and determine what legal options you have.
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When you’re accused of a crime, you still have rights. Unfortunately, many prosecutors will attempt to bypass these rights in order to get a conviction or a guilty plea. Do not let this happen to you. I’ve successfully defended countless Nebraska criminal cases - and I'm ready to go to work for you, too.
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Dismissed
Petersen filed a motion to suppress alleging that the stop and search were illegal.
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Breath test excluded for failure to follow proper procedure. The Court agreed and ruled the breath test inadmissible at trial.
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Jury Trial: Client was charged with use of a firearm in commission of a felony.