How Does The Law Define Fraud?
Fraud, in the state of Florida, is defined as devising a scheme to obtain someone else’s property or something else of value by misrepresenting facts or using pretense to obtain it. The Federal statute defines it the same way. The difference between someone being charged with fraud in the state of Florida and someone being charged with fraud federally is more jurisdictional than circumstantial.
What If The Charges Involve Accusations Of Fraud Taking Place Over State Lines?
If you cross state lines by using a telephone, the mail, or the internet to commit fraud, it allows the federal authorities to take jurisdiction over the case. It doesn’t require them to take the case and it does not necessarily mean that the state could not take the case, but federal jurisdiction is acquired by crossing state lines.
Are Fraud Cases Hard To Prove For The Prosecution? Who Has The Burden Of Proof?
The burden of proof in any criminal prosecution is on the prosecutor and it’s a high burden. It’s beyond and to the exclusion of any reasonable doubt. The question of whether or not fraud cases are hard to prove is really fact specific. It depends on the facts of the case and what they are able to competently prove in court. Often, fraud cases involve transactions between individuals doing business or individuals who know each other and have some other motive, rather than criminal intent, to do what they are doing. In that sense, they can be more nuanced than other types of cases.
What Type Of Evidence Should I Provide My Attorney With In Defending Against Fraud Charges?
In any criminal matter, you want to give your attorney everything and anything you have. You want to provide him or her with the good, the bad, and the ugly. By withholding information from your lawyer, you can walk into a trap because your lawyer didn’t know the downside and put you in a position where you could get beat up by the other side.
If I Had Some Part In The Accusations OF Fraud Against Me, Can I Work With The Prosecutor To Get A Reduced Charge Or Penalties?
Under the federal statute and also under the Florida sentencing statute, any time you are assisting the prosecutor, it is considered a mitigating factor and taken into consideration at sentencing.
What Possible Defenses Can Be Used Against Fraud Charges?
Mistaken identity is a defense to any charge and is a common defense to fraud. The issue of whether or not you knew you did anything wrong is critical to a fraud case as well because it has to be knowingly done.
What Are The Penalties Associated With A Fraud Conviction?
Multiple offenders are always sentenced more harshly than first time offenders, as a general rule. Penalties are driven, to a large extent, by the amount of money that is involved or the value of the items involved in a fraud case. The more money, the more serious the consequences.
For more information on Fraud Cases In The State Of Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (305) 707-6111 today.
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