Part 5 of the White Collar Crime Defense Series
A conviction in a white-collar case—whether through a plea agreement or a trial verdict—can feel overwhelming. The uncertainty around prison time, fines, restitution, and future opportunities can make this stage incredibly stressful. But a conviction is not the end of the legal process, nor does it mean your options have disappeared. Sentencing can be negotiated, alternatives to incarceration may be available, and multiple avenues of post-conviction relief still exist.
Understanding what happens next is crucial to protecting your future and ensuring the court has a complete and fair picture of your circumstances.
How Sentencing Works in White-Collar Cases
After a conviction, the case moves to a formal sentencing hearing where the judge decides the appropriate penalty. This process is influenced by:
- The nature of the offense
- The amount of financial loss alleged
- The defendant’s role in the offense
- Criminal history
- Victim impact statements
- The defendant’s background, character, and contributions to the community
Unlike some areas of criminal law, white-collar sentences often involve a mix of custodial and non-custodial penalties, such as:
- Imprisonment
- Probation or supervised release
- Restitution
- Home confinement
- Community service
- Fines
Before this hearing, the court typically reviews a Pre-Sentence Investigation Report (PSIR) compiled by probation officers. This report carries significant weight—which is why your attorney’s involvement in responding to and correcting the PSIR is so important.
Understanding the Federal Sentencing Guidelines
In federal white-collar cases, judges rely heavily on the Federal Sentencing Guidelines, which provide a scoring system designed to recommend a sentencing range.
Guideline calculations typically consider:
- Base offense level (determined by the type of criminal charge)
- Loss amount (real or intended)
- Number of victims
- Whether sophisticated means were used
- Whether the defendant accepted responsibility
- Obstruction of justice enhancements
Even small adjustments in these calculations can dramatically change the recommended sentence—for example, increases in “loss amount” can elevate ranges by years.
A skilled attorney knows how to challenge guideline calculations, argue for lower enhancements, and present mitigating evidence that influences the judge’s final decision.
Aggravating vs. Mitigating Factors
Judges weigh both negative and positive factors when determining a sentence.
Aggravating factors may include:
- Large financial loss
- Duration of the alleged conduct
- Abuse of a position of trust
- Multiple victims
- Evidence of planning or concealment
Mitigating factors may include:
- No prior criminal history
- Demonstrated remorse
- Cooperation with authorities
- Mental health considerations
- Extraordinary family responsibilities
- Restitution already paid or partly repaid
- Strong community ties and character evidence
The defense attorney’s job is to highlight every mitigating factor and demonstrate why the recommended guidelines may not reflect the full story.
Restitution Orders and Financial Penalties
White-collar convictions often involve significant financial consequences, including:
- Restitution (repayment to victims)
- Fines
- Forfeiture of assets
- Interest and collection fees
Restitution is not negotiable—it is mandated by federal law in many financial crimes. However, the defense can challenge:
- The amount of restitution
- Who qualifies as a “victim”
- Whether losses were realistically caused by the defendant
How restitution is structured can also impact the defendant’s financial stability after sentencing.
Post-Conviction Relief Options
Even after conviction and sentencing, several forms of legal relief may still be available. These options can significantly reduce penalties, correct injustices, or even overturn convictions.
1. Appeals
Clients can appeal based on legal errors made during trial or the pretrial process, including:
- Improperly admitted evidence
- Incorrect jury instructions
- Violations of constitutional rights
- Insufficient evidence to support the verdict
Appeals focus on whether the law was applied correctly—not simply whether the jury reached the wrong conclusion.
2. Sentence Modifications
Under certain circumstances, a sentence can be reduced after it is imposed, such as:
- Changes in law
- Extraordinary rehabilitation
- Medical or compassionate release considerations
3. Motions for a New Trial
If new evidence emerges or if procedural violations occurred, a new trial may be requested.
4. Habeas Corpus Petitions
These claims challenge unlawful detention based on constitutional violations.
Post-conviction relief is highly technical, but it can dramatically reshape a defendant’s future if handled strategically.
Preparing for Life After the Case
A conviction impacts more than just the legal sentence. It can affect:
- Employment opportunities
- Professional licenses
- Finances
- Housing
- Family stability
- Mental health
A good defense team helps clients prepare for life after the case by:
- Connecting them with reentry resources
- Advising on financial planning
- Helping them navigate licensing boards
- Preparing them for supervised release
- Protecting their rights in ongoing civil or regulatory matters
The goal is to ensure that clients rebuild—not remain defined by—a single chapter of their lives.
The Defense Attorney’s Role After a Conviction
At Simmons & Wagner, our work does not end with the verdict. We continue to support clients by:
Negotiating Lower Sentences & Alternatives
We advocate for reduced guidelines, probation, home confinement, community-based sentences, and leniency based on mitigating factors.
Identifying Appealable Errors
We review every aspect of the trial and pretrial process to identify legal mistakes that may justify reversal or modification.
Filing Appeals and Post-Conviction Motions
Our team handles appellate briefs, motions for a new trial, and habeas corpus petitions when appropriate.
Advocating for Clients Beyond the Courtroom
We help clients navigate restitution, maintain employment when possible, manage reputational damage, and prepare for reentry.
Even after conviction, advocacy can make a profound difference.
A Conviction Is Not the End of the Road
Sentencing and appeals are crucial stages where skilled legal counsel can still protect your rights, reduce penalties, and secure a more stable path forward. Whether you are seeking a lower sentence, exploring alternatives to incarceration, or challenging a conviction entirely, having the right defense team makes all the difference.
If you or someone you know has been convicted of a white-collar offense, take the next step toward protecting your future.
A conviction is not the end — an experienced attorney can still protect your future.