Being charged with a federal white-collar crime can be frightening. Many people immediately assume they are going to prison if they are convicted. In some cases, though, probation may be an alternative to jail time. Whether someone receives probation depends on the facts of the case, the person’s criminal history, the amount of money involved, and several other factors.
If you are under investigation or have already been charged, speaking with a federal criminal defense attorney as soon as possible can make a huge difference in the outcome of your case.
What Is a White-Collar Crime?
White-collar crimes are nonviolent offenses involving money, business dealings, or fraud. Cases involving violations of federal law, interstate activity, federal programs, or those investigated by federal agencies may be handled in federal courts.
Common examples include:
- Wire fraud
- Mail fraud
- Bank fraud
- Healthcare fraud
- Securities fraud
- Tax fraud
- Embezzlement
- Money laundering
Federal prosecutors often spend months or even years building these cases before charges are filed. Because of that, the government may already have financial records, emails, text messages, and witness statements before an arrest is made.
Is Probation Possible in Federal Court?
Yes. Some people convicted of federal white-collar crimes can get probation instead of prison. But probation is not guaranteed.
Federal judges consider federal sentencing guidelines when deciding on punishments. The guidelines help judges decide what sentence might be right for the case, but they’re not always required to stick to them exactly.
The judge may consider things like:
- How much money was involved
- How many people were affected
- Whether the person has a criminal record
- Whether the person accepted responsibility
- Whether the crime involved careful planning or complicated methods
- Whether the person helped investigators
In some cases, cooperating with investigators may result in prosecutors asking for a lighter sentence. Some federal cases will lead to prison time, others may be eligible for probation or home confinement instead.
Who Is More Likely to Receive Probation?
Every case is different, but there are some factors that can make probation more likely. Judges usually show more leniency towards people with no criminal record.” The judge could also consider whether the person has paid back money, admitted guilt, or played a minor role in the crime.
If the amount of money involved is smaller, the court is more likely to grant probation. But the big fraud cases where there is a lot of money involved, the crime was done over and over again, or the victims were easy targets are more likely to result in jail time.
A federal criminal defense attorney also can submit to the court factors that might benefit the person’s case, such as strong family support, a steady job or ties to the community.
What Does Federal Probation Involve?
Federal probation is not the same as simply “walking free.” A person on probation must follow strict court-ordered conditions.
These can include regular probation officer visits, travel limits, financial monitoring, community service, counseling, or home confinement. Break the rules of probation, and you could face more punishment or even go to prison.
Some people may also be placed on supervised release after finishing a prison sentence. Supervised release and probation are similar, but supervised release is after incarceration, whereas probation can be ordered in lieu of incarceration.
Can a Plea Agreement Affect Sentencing?
Yes. Most federal white-collar cases are settled through plea agreements rather than trials. In some cases, prosecutors may agree to recommend reduced penalties if the defendant accepts responsibility early or cooperates with the government.
But at sentencing, the judge still has the last word. And even if prosecutors recommend probation, the judge can decide prison is the appropriate sentence based on the facts of the case.
That is one reason why early legal representation is important. An early defense strategy can affect the plea bargain, the gathering of evidence, the arguments at sentencing, and the possible outcomes.
Why Early Legal Help Matters
Federal investigators are often aggressive in white-collar crime cases. Some people make the mistake of speaking to investigators before getting legal advice, thinking they can explain the situation on their own. In reality, statements made early in an investigation can later be used against the person who made them.
An experienced federal criminal defense attorney can help safeguard your rights, examine the evidence, talk with investigators, and develop a game plan for the best possible outcome.
If you are under investigation or have been charged with a federal white-collar crime, contact Aaron L. Wiley Law, P.C. at (469) 770-3842 or reach out online to arrange for a consultation with a federal criminal defense attorney.