Immunity From Prosecution in Criminal Cases
The Fifth Amendment is not just for when you are on the witness stand. In general, you have the right to choose not to say things in the presence of law enforcement or prosecutors, or under oath during depositions, that could lead to you being convicted of criminal charges that you are currently facing or could lead to you receiving new criminal charges. You can usually avoid having to say the words, “I plead the Fifth Amendment” simply by keeping a low profile, by not posting pictures of yourself online where anyone with basic powers of observation can see that you are smoking weed or chugging lean. Of course, you only have control over your own actions, not other people’s. What happens if you get accused of a crime because of your association with someone else who has been convicted of a crime or suspected of one? The best choice is to think before you speak. Your case could end with you going to trial, pleading the Fifth Amendment on the witness stand, or you might take a plea deal or, if everything goes well, the state could drop the charges against you. Here, our Miami white collar crime lawyer explains why a Palm Beach County woman is keeping her silence in a criminal investigation until her lawyers are able to negotiate a deal with prosecutors that will enable her to avoid criminal prosecution.
Why Would Prosecutors Choose Not to Charge You With a Crime If They Know You Are Guilty?
It is easy to say that you would never snitch on someone else under any circumstances, but things are different when the state is accusing you of a crime for which a conviction could result in a long prison sentence. If prosecutors suspect you of participating in a criminal conspiracy, they might offer you a plea deal in exchange for you cooperating with their investigation, or even testifying against your alleged co-conspirators before a grand jury or even at your former accomplice’s trial if he or she pleads not guilty.
The best outcome you can get in this situation is complete immunity from prosecution. This means that, if you cooperate with the investigation, prosecutors will not charge you with a crime, even if your cooperation yields evidence that, if used against you, could easily convict you. Whether you get complete immunity or just a regular plea deal depends on what prosecutors believe you did, what prosecutors believe your co-defendants did, and what the evidence shows.
Suspected Conspirator Exercises Her Right to Remain Silent
In September 2023, Lynsey Mae Fuller and Leigh Ann Martinez of Boca Raton went to the Hallandale branch of Third Federal Bank and each opened an account. In the subsequent days, the new accounts received deposits totaling approximately $400,000. Shortly thereafter, Fuller and Martinez withdrew most of the money. Some of the withdrawals were in the form of checks payable to local businesses.
Police began investigating Fuller and Martinez in December 2023 on suspicion of money laundering. They suspected them of association with a Fort Lauderdale man with a prior criminal record; the WPBF news website did not publish the man’s name or any details about his prior criminal convictions. It also did not provide any details about the case against Martinez. As of November 2024, neither of them had formally received criminal charges.
When police question you as part of a criminal investigation, anything you say can and will be used against you, even if you are not under arrest and have not been charged with a crime. It is also against the law to lie to the police. Therefore, you can exercise your right to avoid self-incrimination by invoking the Fifth Amendment. You can also hire a criminal defense lawyer to advise you and to speak on your behalf in your interactions with investigators.
When police asked to interview Fuller, she refused. Police had shown her lawyer that their evidence in the case involved phone conversations between Fuller and Martinez and between Fuller and the Fort Lauderdale man. Fuller’s lawyer said that she would not talk to the police unless prosecutors granted her immunity from prosecution in connection to her association with the Fort Lauderdale man. Prosecutors believe that Fuller knew that she was participating in money laundering activities.
Contact Our Criminal Defense Attorneys
A South Florida criminal defense lawyer can help you defend yourself against charges of money laundering or other financial crimes. Contact Ratzan & Faccidomo in Miami, Florida for a confidential consultation about your case.
Source:
wpbf.com/article/boca-raton-bank-fraud-scheme-arrests/62894499
