Getting married means sharing in each other’s success. It also means facing hardship together. Spouses who have enjoyed the financial benefits of their partners’ white-collar careers may become very anxious when their spouse faces charges.
People accused of insider trading, embezzlement and similar financial crimes are at risk of a variety of criminal consequences. The allegations the professional faces can have a ripple effect that impacts their spouse as well. Individuals married to someone facing white-collar criminal charges may want to take the three steps outlined below to protect themselves and their families.
Discuss legal representation
A professional facing white-collar criminal charges may start looking for legal representation right away. Occasionally, their employers may provide them with attorney services as part of their compensation package if the charges relate to their careers. Other times, educated professionals sometimes convince themselves that they can represent themselves in criminal court. Spouses of those facing white-collar criminal charges may need to discuss the situation to ensure that the accused spouse has the appropriate support. In some cases, uninvolved spouses may want to consult with an attorney of their own to explore their personal vulnerability.
Review marital assets
When an individual faces allegations of criminal activity, some of their property could be vulnerable. Under asset forfeiture rules, the state can take possession of assets acquired through criminal activity or used in the commission of a crime. Resources ranging from financial accounts to real estate and personal property can be vulnerable when a professional faces white-collar criminal charges. Even if they avoid asset forfeiture, they may have to liquidate some of those resources to cover court costs and fulfill orders of restitution after a guilty plea or conviction.
Clarify legal protections
There are certain rules in place that help protect spouses in criminal cases. For example, the courts generally cannot force one spouse to testify against the other. There may also be protections available in high-profile cases where people worry about doxxing. A spouse who has not played a role in white-collar criminal charges may still end up facing social backlash and media attention because of the accusations against the other spouse. Those who learn about and make use of the rules and place for their protection can limit the stress that accompanies their spouses’ prosecution.
Those trying to support a loved one who faces white-collar criminal charges often need to proceed with caution. People getting support from those familiar with the law are less likely to make mistakes or oversights that could amplify the negative impact of the allegations against their spouses.
You Are Not Alone
Our white-collar crime attorneys work with clients from all walks of life – business executives, small business owners, managers, accountants, doctors, and other medical providers, to name a few.
If you or a loved one is facing white-collar crime charges, you have an important decision to make: Who will you entrust with your defense? Call our office at 540-643-9772 or send us an email to contact our law firm.