Published On: Tue, Jun 13th, 2017

Accused of Fraud? Things Your Lawyer Will Do to Protect Your Rights

Fraud cases can lead to criminal charges filed by prosecutors or can be civil cases brought by victims of the alleged activity. It’s not unusual for criminal charges to be sought first and followed afterward by some type of civil action. Throughout the process, you need the advice and representation of a Oshawa criminal lawyer who will ensure your rights are protected to the full extent allowed by law. Here are some of the things the lawyer will do on your behalf.

Assessing the Information Available to the Client

When it comes to any type of fraud, there’s the matter of determining what type of information the client was able to access. This is important, since being able to prove the client was not privy to the type of data needed to commit the fraudulent action is key. For example, your lawyer may be able to verify that you did not have access to certain accounts that were drained as part of the attempt at fraud or that you did not have any interaction with other parties involved in the attempt. By establishing that you were not in a position to come in contact with key elements of data, it’s possible to create doubt in the mind of the court and of any jury involved in the case.

gavel court scales justice ruling

photo via Pixabay user Succo

Perpetuating a Fraud or An Unknowing Participant?

Even if the client passed on information to a victim that was later proven to be inaccurate, what was the intent and the motivation surrounding the sharing of that data? Is there evidence that the accused party knew the information was incorrect? Did the accused rely on the reputation of a source that is normally considered reliable? In this scenario, the point is to question whether the client was deliberately misled by a third party in order to set the stage for the fraud.

Keep in mind that even in cases where Mass Tsang criminal lawyers are able to prove their clients were involved in something they did not realize was fraudulent, there is still some responsibility. In other words, the court would likely take the testimony and evidence into consideration and could recommend a lesser charge. The court could also determine the involvement contributed so little to the fraud that pursuing charges would serve no purpose.

What the Attempted Fraud Did to the Intended Victim

The lawyer will also seek to introduce evidence related to how the victim was affected. Did the targeted individual or entity accept the the misrepresented data and act upon it? What sort of damage, if any, resulted from the activities? Answers to these questions are particularly relevant if the accused party was an unwitting participant in the overall attempt and not the party who came up with the idea in the first place.

Remember that as officers of the court, lawyers in criminal or civil cases are committed to getting to the truth of the matter. At the same time, the lawyer will use every legal means to ensure the rights of the client are protected. If you are accused of fraud or any other criminal offense, do not hesitate to secure legal counsel. Doing so provides the opportunity for all the facts to come out in a court of law and improve the odds that justice will be served.

Author: Anwar Hossain

On the DISPATCH: Headlines  Local  Opinion

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