Fraud Charges - Fraud Lawyer in Montreal
Expert Legal Representation for Fraud and Related Offences
Facing Fraud Charges?
Robert Martin Can Help.
Facing fraud charges can be complex and carry significant legal and personal consequences. With a deep and nuanced understanding of fraud cases, Robert Martin is committed to providing expert legal representation focused on defending your rights and securing your future. Whether dealing with minor accusations or serious charges, he ensures the necessary support and defence.
Do not face fraud charges alone. Contact Robert Martin today at (514) 892-7337 for a free consultation.
Expertise in Fraud Cases
Fraud Defence
Legal defence for individuals accused of fraud, including credit card fraud, insurance fraud, identity theft, and more.
Using Mail to Defraud
Legal defence against charges involving the use of mail to deceive or defraud.
Possession of Fraudulent Documents
Representation for those charged with possessing fraudulent documents or information.
Falsification of Books and Documents
Representation for cases involving fraudulent alteration or destruction of documents.
Trafficking in Identity Information
Legal defence against charges for possessing or trafficking in identity information.
Identity Theft & Fraud
Defence for cases involving impersonation and the use of another's identity information.
Related Offences
Legal defence for various associated offences, such as conspiracy to commit fraud and forgery, ensuring your rights are protected.
Process Overview
Initial Consultation
Discuss your case and explore legal options during a free consultation, understanding the specifics of the charges against you.
Case Evaluation and Strategy Development
Thoroughly evaluate your case and develop a tailored legal strategy, focusing on gathering evidence and identifying weaknesses in the prosecution's case.
Legal Representation and Advocacy
Provide expert representation and steadfast advocacy throughout your legal proceedings, from court appearances to pre-trial motions to negotiations.
Follow-up and Support
Offer continued support and follow-up after your case is resolved, ensuring your understanding of the outcomes and any necessary next steps.
Understanding Fraud Charges
Definition of Fraud
Fraud involves using deceitful or misleading methods to deprive individuals or the public of property, money, or valuable security. This encompasses a wide range of fraudulent activities such as identity theft, credit card fraud, and investment scams. Penalties for fraud vary based on the value involved and the severity of the offence, with more significant frauds carrying harsher sentences.
Legislation
Criminal Code of Canada, Section 380 et seq.
Types of Fraud Charges
Fraud charges encompass a broad spectrum of deceitful activities aimed at unlawfully acquiring property, money, or securities. Each type of fraud carries specific penalties, which may include fines, restitution, and imprisonment. Some common types include:
Identity Theft: Using another person’s personal information typically for financial gain.
Credit Card Fraud: Unauthorized use of credit card information.
Insurance Fraud: Filing false insurance claims.
Mortgage Fraud: Providing false information on mortgage applications.
Telemarketing Fraud: Deceptive practices in selling products or services over the phone.
Counterfeiting Currency: Producing or using counterfeit money.
Money Laundering: Concealing the origins of illegally obtained funds.
Tax Fraud: Illegally evading taxes.
Related Charges
Conspiracy to Commit Fraud: Planning or agreeing with others to commit fraud.
Forgery: Falsifying documents or signatures with the intent to commit fraud.
Contact Robert Martin Today for a Free Consultation
Do not face fraud charges alone. Contact Robert Martin for a free consultation, and let him help you achieve the best possible outcome for your case.
Phone: (514) 892-7337
Email: robert@rmlegal.ca
Penalties for Fraud Charges
Overview of Potential Penalties
Penalties for fraud charges vary based on the nature and severity of the offence. Possible penalties include fines, restitution to victims, probation, community service and imprisonment.
Fraud Over $5,000:
This can be treated as an indictable offence with a maximum penalty of 14 years in prison.
Fraud Under $5,000:
This can be treated as a summary conviction with lighter penalties.
Summary vs. Indictable Offences
Summary Offences
Generally involve smaller amounts of money and are considered less severe, resulting in lighter penalties such as fines or short jail terms.
Indictable Offences
Involve larger sums of money or more severe fraud schemes, warranting harsher penalties. They can potentially carry penalties up to life imprisonment.
Factors Influencing Penalties for Fraud
Amount of Money Involved: Larger amounts typically result in more severe penalties.
Criminal History: Repeat offenders may face harsher sentences.
Circumstances of the Fraud: Aggravating factors such as breach of trust or vulnerable victims can impact sentencing.
Aggravating Circumstances Considered by Courts
The extent and intricacy of the fraud, including its duration and level of planning.
The impact of the fraud on victims' financial well-being, health, and overall circumstances.
Exploiting the trust placed in the perpetrator by others, especially vulnerable individuals or those in positions of authority.
Concealment or destruction of records related to the fraud.
Defending Fraud Charges
Defence Process
Navigating fraud charges requires a comprehensive and strategic approach, including a thorough investigation of the circumstances, challenging the accuracy of evidence, and developing a tailored defence strategy. Legal representation ensures that your rights are protected throughout the process, from the initial consultation through courtroom advocacy and negotiations.
Investigation and Evidence Gathering
A thorough investigation will examine the circumstances of your case, gathering all relevant evidence to build a robust defence.
Strategy Development and Case Preparation
Tailored defence strategies, addressing the unique aspects of your case and then meticulously preparing for court proceedings to ensure the best representation.
Representation in Court and Plea Negotiations
Representation in court and advocating vigorously on your behalf. Engaging in plea negotiations will occur where appropriate, seeking to reduce charges or penalties.
Frequently Asked Questions
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If you are accused of fraud, it is important to seek legal representation immediately. Do not speak to the police or anyone else about the case without your lawyer present. Collect any documents or evidence related to the accusations and provide them to your lawyer to help build your defence.
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Penalties for a fraud conviction can vary based on the amount of money involved and the circumstances of the case. For fraud involving amounts under $5,000, penalties may include fines, probation, and up to two years of imprisonment. For amounts over $5,000, penalties can be more severe, including more significant fines and imprisonment for up to 14 years.
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Yes, fraud charges can sometimes be dropped or reduced, especially if there are weaknesses in the prosecution's case or procedural errors were made during the investigation. An experienced fraud defence lawyer can negotiate with prosecutors to seek reduced charges or alternative sentencing options.
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Summary offences are generally less serious and involve smaller amounts of money, resulting in lighter penalties. Indictable offences, however, are more serious, often involving larger sums of money or more complex fraudulent schemes, and carry harsher penalties. The classification of the offence can significantly impact the legal process and potential outcomes.
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A criminal defence lawyer can provide invaluable assistance by investigating the case, gathering evidence, and developing a strong defence strategy. They can challenge the prosecution’s evidence, identify procedural errors, and represent you in court to seek the best possible outcome. Their expertise can significantly impact the resolution of your case.
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You may be eligible to apply for a record suspension (formerly known as a pardon) after a certain period of time, provided you meet specific criteria. A record suspension can help remove the criminal record from public databases, facilitating easier employment opportunities and travel. Your lawyer can offer guidance on this process and assess your eligibility.
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The court process for a fraud charge typically involves several stages, including a first appearance, pre-trial motions, plea bargaining, trial (if applicable), and sentencing. Your lawyer will guide you through each step, explaining what to expect and how to prepare. The process can be lengthy and complex, requiring careful attention to detail and strategic planning.
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Yes, you can still be charged with fraud, even if you did not personally benefit from the alleged crime. Liability may extend to those who participate in or facilitate fraudulent schemes. It is important to seek legal advice to fully understand the implications of your situation.
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For summary offences, which include certain types of fraud, the statute of limitations is typically 12 months from the date of the alleged offence. However, for indictable offences, including more serious fraud charges, there is generally no statute of limitations. This means charges can be brought at any time.
Legal Disclaimer
The information provided on this website is for general informational purposes only and does not constitute legal advice. Please consult with Robert Martin for personalized legal counsel regarding your specific situation.
Free Consultation
To get your free consultation, please call or email, or send a message using the contact form.
Phone
(514) 892-7337
Email
robert@rmlegal.ca