In order for fraud to have taken place, there has to have been a knowing misrepresentation made to another person. This misrepresentation must be of a material fact that another person relies on to their detriment. As a result of their reliance on the misrepresentation, the person’s position has to have changed in a way that causes a material loss.
Fraud can also include false pretenses, which is when an individual is dishonest about their ability to conduct work, is deceitful about the nature of a financial document, or where someone misrepresents a fact that causes someone else to part with their money.
If you find yourself charged with fraud, it is essential that you contact a Prince William County fraud lawyer. The legal process of defending against fraud charges can be complex and at times confusing. An experienced defense attorney will help guide you through it, explaining the nuances and advising as to the best course of action in order to get you the best result.
Misdemeanor fraud is a Class One Misdemeanor so it is punishable with up to a year in jail and/or a $2,500.00 fine. In cases where the fraud reaches the felony level, a conviction is punishable by up to 20 years in prison.
In addition, the penalties always get more severe when the defendant has a criminal record and also depend on the amount of money in question. Typically, the greater the amount of money in question, the more serious the penalties making it important a fraud lawyer in Prince William is contacted.
There are number of things a Prince William county fraud attorney will do to prepare a strong defense. The first step is to understand all of the factual circumstances of the case and focus on what the accused knows and what the government knows or thinks it knows. It is important for a lawyer to make sure that all of the evidence that the government has is challenged, and identify areas where they have provided insufficient evidence.
Additionally, an attorney will review the case to determine whether there are any constitutional issues, such as an illegal search, an illegal arrest, and/or whether a person made a confession, while under arrest, but were not given a Miranda warning.
There is a variety of evidence that could potentially be compiled for a case of this nature depending on the facts of the case. Sometimes there will be forensic evidence or computer evidence that can be secured from the police or third parties.
On the defense side, once the attorney has had an opportunity to learn about the facts and circumstances of the case then they will be in a position to decide what kind of evidence needs to be collected. The attorney will also be in the best position then to determine what will be the most helpful to the defendant in preparing the defense.
A criminal lawyer can help a person that is charged with fraud by making sure that all of the proof that the government is required to prove has been proven. A criminal defense attorney will also ensure that none of the person’s constitutional rights were violated in the course of the investigation of the case and that the individual being charged knows what to expect at each step of the legal process.
Local experience is always going to be a benefit in a case because while the law is a guide, there is no uniformity in how every case should be handled. Therefore it is important to contact a Prince William fraud lawyer who knows how local prosecutors handle these kinds of cases and how local judges treat these kinds of cases.
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