I am under investigation but not charged. Do I need a lawyer now?
Yes. Now is when a lawyer can do the most. White collar cases are usually investigated for months before an arrest, and the investigation phase is when counsel can deal with investigators for you, keep you out of interviews that lock in a bad record, and sometimes resolve the matter before a charge is ever filed. Waiting until the indictment closes most of those doors.
The case against you is being built right now
Most criminal cases start with an arrest. White collar cases end with one. By the time handcuffs come out, investigators have often spent months pulling bank records, reading emails, and interviewing coworkers. The person under investigation is usually the last to know.
That timeline is bad news if you ignore it and an opening if you act on it. Before charges are filed, a defense lawyer can find out what the investigation covers, present the other side of the story to the prosecutor, and in some cases negotiate restitution or another resolution before a grand jury ever votes. Some matters end quietly at that stage. Every case is different. Past results do not guarantee future outcomes.
If investigators, auditors, or your own employer have started asking questions about money or records, the time to get counsel is now, while the quiet phase is still open. Before any interview, read about your right to remain silent in Texas.
White collar charges we defend
- Federal fraud: wire fraud and mail fraud, where the same conduct draws federal prosecutors
- Money laundering tied to alleged theft or fraud proceeds
- Healthcare fraud under 18 U.S.C. §1347, including billing and kickback investigations
- Theft and embezzlement, including employee theft and misapplied funds
- Identity theft: fraudulent use or possession of identifying information
- Forgery of checks, contracts, and financial instruments
If money moved by wire, mail, or bank, federal prosecutors can claim the case, and federal court is a different world. We cover that side of the practice on our federal crimes defense page.
Heard from an investigator, auditor, or HR?
Do not explain yourself yet. Tell us what is going on and get a straight, confidential answer about where you stand and what to say to no one.
How we defend white collar cases
1. The documents decide it
These cases live in ledgers, emails, invoices, and bank statements. The State picks the documents that fit its theory. We go through all of them, often with a forensic accountant, and build our own accounting. In document-heavy cases, the side that knows the records better usually controls the courtroom.
2. Work before the indictment
When the facts allow it, we engage prosecutors before charging decisions are made: presenting context, correcting the loss amount, and negotiating restitution where that serves the client.
Why people hire Peter Barrett for white collar cases
- 31 years of Texas criminal trial work, including more than 150 jury trials
- Focuses his practice on criminal defense, in Texas state courts and federal court
- Early intervention: investigations handled before they become indictments where possible
- Document-driven preparation, with forensic accounting support when the numbers are the case
- Personalized service: Peter handles your case personally, start to finish
- Bilingual practice. Hablamos Español. Free, confidential case review
Your license is on trial too
Nurses, CPAs, securities professionals, teachers, and other license holders face a second case after the criminal one: the licensing board. Boards treat theft and fraud as crimes of dishonesty, and in some fields even a deferred outcome must be reported. From day one, we plan the defense around the record your board will see, not just the criminal penalty.
White collar defense questions, answered
Do I need a lawyer if I have not been charged yet?
Yes. The investigation phase is when a defense lawyer can do the most. Counsel can deal with investigators for you, protect you from interviews that lock in a bad record, and sometimes resolve the matter before any charge is filed. Once an indictment lands, several of those doors close.
Can paying the money back stop criminal charges?
Sometimes restitution changes the direction of a case, especially before charges are filed, but repayment alone does not erase a crime and no lawyer can promise a dismissal. Every case is different. Past results do not guarantee future outcomes.
When does theft become a felony in Texas?
At $2,500. Under Tex. Penal Code §31.03, theft of $2,500 to $30,000 is a state jail felony, and the level keeps climbing with the amount, up to a first-degree felony at $300,000 or more. Texas law also lets prosecutors add up separate takings from one scheme into a single, higher charge.
Will my case be state or federal?
It depends on who investigated and how the money moved. If the case involves wires, mail, banks, or victims across state lines, federal prosecutors can charge wire or mail fraud. Many fraud cases could be charged either way, which is why you want counsel experienced in both courts.
Will a theft or fraud conviction affect my professional license?
Very likely. Licensing boards for nurses, CPAs, securities professionals, teachers, and many others treat theft and fraud as crimes of dishonesty. A conviction, and in some fields even a deferred outcome, can trigger discipline. Your defense strategy should protect the license, not just the record.