Your world is different now that you’re under accusation.
It started as a complaint from your boss. Or an IRS audit. Or a knock on your door in the middle of the night. Whatever the cause, your life just got real complicated.
And while the upcoming months may seem daunting, the first 72 hours of a criminal case are often the most important.
Here’s what you should know:
White collar crime defense isn’t what happens in court. It’s what happens before you know a court case even exists.
Everything changes when law enforcement gets involved. And how you act from that moment forward can make or break your case.
Here’s what to expect:
- What happens before you’re charged with a crime?
- What does it even mean to “get charged?”
- The early stages of a criminal case, broken down
- What to do (and not do) immediately
Table of Contents
What Happens Before You’re Charged with a Crime?
Long before you get handcuffed in your office or home, the government is likely already working on a case against you.
Federal agencies like the FBI, IRS-Criminal Investigation Division, or the SEC work quietly for months (sometimes years) compiling documents, taking witness interviews, issuing subpoenas, and gathering evidence.
You don’t know it’s happening.
By the time you realize an investigation is taking place, the government could already have boxes of documents, a list of witnesses, and years of your financial information.
The scary part?
Around 90% of white collar crimes go undetected. So if you find yourself suddenly “under investigation,” it’s likely the government believes they already have a rock-solid case against you.
Knowing what the government can do before charges are filed is the first step towards taking control of your situation.
What Does it Mean to “Get Charged?”
There are two ways to get charged with a crime for a white collar offense:
- Grand jury indictment
- Criminal complaint filed by the prosecutor
Grand jury indictments are incredibly common at the federal level. Basically, the prosecutor stands in front of a room full of people and lays out the entire case. There’s no defense attorney in the room. No witness examinations. Just a prosecutor telling one side of the story.
One side.
Federal prosecutors filed charges in 4,332 white collar crime cases in FY 2024. Guess how many of those defendants were corporations.
Yep, individuals.
The Early Stages of a Criminal Case, Broken Down
Each stage of a criminal case comes with different options.
Knowing what they are — and when they come available — can help you make better decisions as you work with your attorney.
Stage 1: The Investigation
If law enforcement is asking questions, they’re investigating.
It can start with an interview of friends, colleagues, bosses, or anyone else they believe has information about you or your case.
They’ll subpoena financial records from banks. Employers. Business partners. Likely, the target of the investigation won’t even know it’s happening.
If the FBI, IRS, or other law enforcement agency asks you to come in and “have a friendly chat,” that’s not a chat.
It’s an interview.
And without an attorney present, it’s a trap for the unaware.
Stage 2: Arrest or Summoned to Appear in Court
Following an indictment, the defendant will either be arrested or receive a summons to appear in court.
White collar defendants typically have the option to self-surrender rather than being caught in the lobby of their office by the FBI. However, they can also receive a summons which allows a little more time to prepare.
Either way, this is generally considered “day 0” of the criminal case.
Stage 3: The Initial Appearance
The initial appearance is when the defendant first appears before the court after being charged.
The defendant is informed of the charges against them, advised of their right to counsel (attorney), and asked to enter a plea. If there is bail, it will be addressed at this stage.
- Defendants may be required to post bond
- Travel restrictions may be applied
- Defendant is advised of his/her right to remain silent
This stage happens very quickly. Having an attorney secured and prepared before this stage is essential.
Stage 4: Arraignment
During the arraignment, the defendant enters his or her plea (typically guilty or not guilty).
For white collar crimes, the standard move is to plead not guilty at the arraignment. Speedy resolutions and dismissals are possible at this stage but pleading guilty could forfeit the opportunity at complete exoneration.
Discovery will also begin at this stage. Meaning, the prosecution is required to turn over every piece of evidence they intend to use against you at trial.
Stage 5: Pre-Trial Motions
Arguably the most important portion of the early stages, pre-trial motions allow the defense team to combat the prosecution’s evidence before trial even begins.
An attorney can file motions to dismiss evidence on the basis that:
- It was obtained illegally
- Rights were violated during the investigation
- Certain documents or witness testimony shouldn’t be allowed in court
Keeping key evidence from the prosecution can destroy their case. If they have less to work with, they may offer a better plea deal or decide not to prosecute at all.
What To Do (and Not Do) Immediately
This is where the panicked and uninformed make costly mistakes.
Don’t:
- Speak to investigators
- Delete emails or documents
- Say anything about the case to co-workers, family, social media, etc.
- Assume that because an “interview” with law enforcement was friendly, there is nothing to worry about
Obstruction charges for destroying or altering documents and digital records are extremely common. Deleting an email that the prosecution wants to use as evidence typically results in additional charges on top of the original accusation.
Do this instead:
The most important action is hiring an attorney. Not when it seems necessary. Not after the first court date. Now.
Enforcement agencies may have spent years building a case. Between 2017 and 2024, the number of defendants charged with fraud offenses decreased by 32%. But the investigations that lead to criminal charges today are focusing on the most lucrative schemes — meaning prosecutors aren’t cutting corners when they do move forward.
And neither should the defense.
Wrapping It Up
The first few days of a criminal case aren’t just the start of legal troubles. They could determine the outcome.
Getting arrested for a white collar crime is different than getting arrested for drugs. Or murder. Retaining a defense attorney that knows the nuances of the particular criminal charge is the best first step available.
But that comes after stopping the attempt to figure everything out alone. Stop talking to everyone about what is happening. And stop assuming that taking an attorney’s advice will lead to more legal trouble.
It won’t.
Stay silent, seek the right counsel, and take back control of the situation.
The investigation isn’t going to pause while decisions get made.