Toronto Financial Crime & Fraud Lawyer
How To Defend Criminal Fraud Charges
No one is immune to criminal fraud charges, no matter how innocent they seem. If you got accused of criminal fraud charges, it is essential to understand the law and how to defend yourself best.
Remember that fraud charges can come in many different forms. They can be classified mainly under or over $5000 depending on the amount of money or property involved in the alleged fraudulent activity. Charges can also be laid for offenses such as identity theft, credit card fraud, bank fraud, and even tax evasion. Given the serious nature of these charges, it is important to have an experienced criminal defense lawyer by your side who can help you navigate the criminal justice system.
- Fraud Over $5000
- Uttering Forged Documents
- Conspiracy to Commit Fraud
Fraud is a serious crime that has consequences beyond your immediate life. A conviction can profoundly affect work, immigration status, and reputation, among other things–not to mention the freedom of movement you might lose.
Richard Fedorowicz has credible experience defending criminal fraud charges and will ensure your best interests are protected. Facing a fraud charge can be a frightening experience, so Richard will guide you through every step of the process and make sure that your rights are upheld.
In a fraud case, the prosecutor must provide compelling evidence of an occurrence. The prosecution often has to rely on paper trails and witness testimony. They will gather all details and do everything to prove that a fraud crime has occurred involving you. This is why finding an experienced, and well-versed criminal defense lawyer in Toronto is important. Criminal lawyers like Richard understand that there will be opportunities to challenge the facts and documents presented by the prosecutors or completely exclude them. This gives you a better chance of getting a positive result during the trial.
Criminal Fraud Charge: Arrest and Bail
If arrested for a criminal fraud charge, you are still given your right to counsel and are not considered guilty until proven otherwise. Understanding your rights and having a knowledgeable criminal defense attorney on your side will significantly help minimize the consequences of these charges.
You may be released directly by police or further held for a bail hearing. The prosecutor handling your case will argue for conditions of release, including a surety or money to be paid to the court if you do not return for future hearings. If the court grants bail, you will be given specific conditions to follow until your trial.
Fraud under $5000 is a hybrid offense, which means the Crown can choose to prosecute it either by summary conviction or indictment. If you are convicted by summary conviction, you will face a maximum of 6 months in jail and a $5000 fine. If you are convicted by indictment, you will face a maximum penalty of 2 years less a day in jail.
If you are held for bail, you will have the right to a bail hearing within 24 hours of your arrest, excluding weekends and holidays. The prosecutor will present evidence to show why you should not be released at the bail hearing. On the other hand, your criminal lawyer will argue for your release and present evidence to show why you should be released. The judge will then decide on whether or not to grant you bail.
If your case is brought to court for bail, your fraud lawyer ensures that you receive as fair a hearing as possible. Depending on the nature of your case, Richard will work to have your bail conditions minimized or even eliminated so that you can resume living your life while awaiting trial. He will propose a bail plan that often involves keeping you close to home while requiring regular reporting to the police. It also involves sureties responsible for making sure you return to court at the required times.
For a Fraud Lawyer working on such cases includes challenging evidence, identifying weaknesses in witness statements, and finding other loopholes that could lead to an acquittal or reduced sentence.
Awaiting Trial for Criminal Fraud Charge
If you have been charged with criminal fraud, it is important to understand what happens next in the legal process. When Awaiting Trial for a Criminal Fraud Charge, the accused is awaiting a decision from the court on whether or not they are guilty of the charge. This period can be very stressful as the accused awaits their fate. If you have been charged with fraud, you can do a few things to help yourself during this time.
First and foremost, you must hire an experienced criminal defense lawyer. A good lawyer will put all effort into building a strong defense on your behalf and make sure that your rights are protected throughout the legal process. Additionally, they will be able to answer any questions you may have about the trial and provide you with any guidance or support that you need during this time.
A fraud lawyer will ask the Crown to disclose all evidence they have against you so that they can start preparing your defense. This includes witness statements, video or audio recordings, and written documents. Once your lawyer has this evidence, they will work to identify any weaknesses in the case against you and craft a strong defense strategy.
You must exercise your right to silence during the awaiting trial period and only talk about your case with your criminal lawyer. It is also important that you do not speak to anyone about your case during this time. Anything you say, even to a close friend or family member, can be used against you in court and could potentially harm your case.
A Crown pre-trial is usually scheduled when your lawyer is ready to make their first appearance before the Crown. Your lawyer will review the disclosure documents provided by the Crown attorney and then will make arguments for your release or bail. If you are denied bail, your lawyer can file an appeal with the Court of Appeal and request that they grant a stay on your case until a decision is made.
Sometimes, a judicial pre-trial is scheduled to resolve any issues. This includes setting a trial date, discussing possible plea bargains, or resolving any Charter matters. The legal system is complex, and without the proper defense, there will be a big chance that your case will not end well. By working with a skilled criminal defense lawyer like Richard, you can feel confident that your lawsuit will be handled professionally and strategically, helping to increase your chances of achieving a positive outcome.
FAQs About Fraud Charges
What Is The Possible Penalty For Fraud Over $5000?
The possible penalty for fraud over $5000 in Canada is a prison sentence of up to 14 years. The specific penalties will depend on the severity of the crime and whether there are any aggravating or mitigating factors involved.
What is the possible penalty for fraud under $5000?
The possible penalty for fraud under $5000 in Canada depends on the severity of the offense and the trial’s jurisdiction. However, if no other aggravating factors are present, the maximum sentence that can be imposed is usually two years less a day. Consequently, most individuals who are convicted of fraud under $5000 receive a conditional sentence served in the community rather than a prison term.
What If I Pay Back The Money?
If you have been charged with fraud and you pay the money back, it is possible that the charges could be dropped. This would likely depend on the severity of the crime and whether other factors are involved. In most cases, restitution is ordered by the court as part of the sentence and is closely monitored. If you’d like to try to negotiate with the prosecutor handling your case, you may be able to get them to agree to drop the charges in exchange for full restitution, but this isn’t guaranteed. Before you take any action, you must speak with an experienced criminal defense attorney who can advise you of your legal rights and options.
Are There Defenses To Fraud?
There may be defenses to fraud charges if the accused can show that they did not intentionally set out to defraud another person or entity. For example, if someone is charged with bank fraud but can show that they had no intention of deceiving the bank or obtaining money through pretenses, this could be a defense against the charge. Additionally, if the person accused of fraud can demonstrate that they acted in good faith and did not knowingly make misrepresentations, this might also serve as a defense. Fraud is a complex area of law, so it is important to consult with an experienced criminal defense attorney if you face these types of charges.
Are Fraud And Theft Different?
Theft and fraud are crimes in which one person takes something that doesn’t belong to them. Theft is the unlawful taking of someone else’s property without their consent. At the same time, fraud is any act or omission through which a person obtains a financial benefit or causes a financial detriment to another person. Both are punishable by law and can result in fines or imprisonment.
The difference between the two is that fraud is intentional deception resulting in unauthorized gain, while theft takes another person’s property without that person’s consent. Fraudulent conduct can include promises that are not kept, misrepresentations about a product or service, or false statements made to an individual to persuade them to part with their money or property. On the other hand, theft generally involves the physical removal of something that does not belong to the thief.
Fraud Lawyer Richard Fedorowicz
Each type of charge requires a different legal defense strategy. A lawyer specializing in defending fraud cases will be best equipped to mount the strongest possible defense on your behalf. They may be able to argue that you were unaware that your actions were illegal or that the prosecution cannot prove that you intended to commit fraud. They may also be able to negotiate a plea bargain or get the charges reduced in exchange for a guilty plea.
Richard Fedorowicz has over 20 years of experience as a criminal defense lawyer. He is dedicated to helping his clients achieve the best possible outcomes in their cases. One of the most important things you can do if facing a fraud charge is working with a qualified criminal defense lawyer like Richard. He will review the evidence in your case and develop an effective legal strategy to help achieve the best possible outcome. If you need assistance with fraud charges, contact Richard today for a free consultation.