5 Ways to Defend Against Fraud Charges

Fraud is a serious criminal offense. If accused,Eric Thole advises you to understand the nature of these crimes first before planning on potential defenses against them. Various acts are fraud under the US law like writing bad checks, forging documents, making false insurance claims, identity theft, using someone else's credit card without their permission, or misrepresenting sold property value. Eric Thole, attorney at law, highlights finding a qualified criminal defense lawyer as paramount.



What Constitute Fraud?

 A person's actions constitute fraud if it meets requirements like

     When a person misrepresents a material fact

     When the person knows their statements were false and they intended to commit an act of deception

     When the victim has valid reasons to rely on the person's false statements

     When the victim suffered harm due to the false statements of that person

Common Defenses Against Fraud

 Here are some of the defenses your criminal defense attorney can use to defend against fraud charges

     Absence of intent

Fraud occurs when a person shows intend to deceive someone. Eric Thole, attorney at law, remarks fraud charges are strict, so if your lawyer can show the absence of intent, the said charges can get dismissed. Your lawyer has to show the court that

 

     You did not know you were making a false statement

     You made a mistake when providing information

     You did not intend to cause harm

 

     Consent

If your attorney shows the court that you have taken permission to perform the actions you got accused of, like using a credit card, transferring money from or to your bank account, etc., it doesn't constitute fraud.

     Insufficient evidence

Eric Thole states it's the prosecutor's job to prove your charges beyond a reasonable doubt in the court that you met all requirements for fraud. Your criminal defense lawyer defends you by finding gaps in the prosecutor's case, showing a lack of evidence to prove fraud occurred.

     Entrapment

Sometimes overeager law enforcement officers present with an opportunity to commit fraud in hopes of making an arrest or conviction. If your defense lawyer shows the court how you got compelled to commit fraud, your charges can get dismissed.

5 Ways to Defend Against Fraud Charges

Qualified criminal attornies like Eric Thole use various ways to defend against fraud charges. Here are five such ways

1) Motion of suppressing

It is the most common method of throwing out key evidence of the prosecutor that they plan to use against you. Eric Thole checks if the police violated your rights by doing an illegal search to use it for the motion of suppressing.

2) Protecting you from self-incrimination

Eric Thole, attorney at law, can help you use your Fifth Amendment rights to your advantage. Refusing to testify in your trial is a strategic move in your defense.

3) Ensuring fairness of charges

 Eric Thole reviews the prosecution's file containing every detail of the charges you got accused of and ensures fairness. He also points out any mistakes, stretches of the truth, or similar issues to dismiss your charges.

4) Looking for diversion and discharge opportunities

Entering into a diversion program requires you to admit you have reasons to commit the crime, complete a period without getting into trouble, and meet some requirements from the court. It results in the dismissal of your charge, and you do not get convicted. Entering into a discharge program requires you to admit guilt. When you hold the terms of the agreement stated by the prosecutor, your case gets dismissed without a conviction. Eric Thole, attorney at law, helps you understand which types of charges you typically qualify for such defense. 

5) Negotiating with prosecutors

Have a defense attorney with sharp negotiation skills. Apart from the diversion or discharge program, a skilled defense attorney like Eric Thole can help negotiate reduced charges, plea agreements, sentencing limits, etc.

Conclusion

When charged with fraud charges, quit taking it lightly. Instead of facing it alone, Eric Thole advises hiring a skilled attorney who can examine the facts of your case and support you in understanding all your defense options.

 

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