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?
●
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
●
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
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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