Being charged with fraud can be a very serious situation for most people. Fraud is theft, though in a more sophisticated sense. With the increase of issues within the mortgage and lending industries, fraudulent documentation is increasing. Therefore, you see an increase in fraud crimes. We have put up a few helpful ideas for those who are facing fraud charges and need guidance. These recommendations are suggestions to assist you and in no way constitute any legal advice.
If Charged with Fraud, Get the Right Attorney
Many times fraud involves white-collar crime that needs to have an attorney that can follow the paper trial quickly. You need to have the right attorney who can navigate the courthouse, the judges, and the district attorney who will be charging you with fraud. As fraud is a criminal offense, you need to make sure your attorney specializes in criminal and not civil law.
Wrongful Charges in Fraud Cases
Most fraud cases are overcharged rather than wrongfully charged. Usually the prosecution will file for every possible fraud crime so that they can increase the maximum sentence. Having the right attorney to negotiate the case with prosecution is much more important than having one who will fight it in a jury trial. Defending someone in a fraud case is very difficult based on the increase in electronic record keeping and security cameras in today’s businesses.
The Best Defense in Fraud Cases
The best defense an attorney can give in a fraud case is to prove the intent of those charged with the crime. It must be proved that a third party had misled the defendant and that the defendant was not aware of it.
The Best Advice in Fraud Cases
The best advice from most attorneys is to try to avoid taking your fraud case to trial. As most fraud cases are overcharged and may well involve hundreds of charges; no matter how good your case might be some of those charges will probably stick. Those charged with fraud need to have an attorney who can find an early resolution to their case. Most fraud cases involve lots of expensive, time-consuming paperwork that most prosecutors would rather not deal with. Early resolutions can save time, money and help reduce custody time.
To avoid incarceration or to minimize the time one would be held in custody is to pay restitution in advance. Having an attorney who can help negotiate and recognize relevant information that can be important to a fraud case to help mitigate those fraud charges.