Criminal defence lawyers regularly see dishonesty cases where they need to determine how to get fraud charges dropped.
Due to the complex nature of fraud cases, police evidence may be insufficient or the prosecution may be unable to prove a crucial element of the offence.
There are also a number of different types of fraud charges. As such, police can sometimes charge a person with the wrong fraud offence.
An experienced criminal lawyer will be able to analyse your case and assess what grounds you have to get fraud charges withdrawn at an early stage.
How to get fraud charges dropped
You can get fraud charges dropped by:
- Reviewing and analysing the police brief of evidence;
- Finding any defences to fraud;
- Your lawyer drafts and serves legal representations on police to withdraw the fraud charges.
You will need to retain an experienced fraud lawyer in order to properly evaluate the evidence against you and identify any defences to fraud available to you. They can then draft representations to police to withdraw fraud charges.
If this process can be completed early on, then it can be a solution for getting fraud charges dropped before the court date.
Some common deficiencies in fraud cases include police being unable to prove that your actions were dishonest, or that you received any financial advantage.
You may also have exculpatory evidence. This is evidence that can prove your innocence. In this case, you should have your criminal lawyer examine this to ensure it is in an admissible form before serving it on police with a request for the fraud charges to be withdrawn.
Types of fraud
The types of fraud are:
- asset misappropriation,
- bribery and corruption, and
- financial statement fraud.
The most common fraud offence is dishonestly obtain advantage by deception. This offence requires police to prove that you committed a dishonest act which resulted in you obtaining a financial advantage or causing another person a financial disadvantage.
How to Get Fraud Charges Dismissed?
If police are not willing to withdraw the case, the fraud case will proceed to a final hearing or trial at court.
You can get fraud charges dismissed by having an experienced criminal lawyer cross-examine police officers, witnesses and object to certain evidence. Inconsistencies or deficiencies in the prosecution case will often be revealed in this way.
There will also need to be complex legal arguments advanced at the Hearing as to why the charges have not been proved beyond reasonable doubt.
In the event that you decide to plead guilty, submissions can be made in court for the fraud offence to be dealt with pursuant to section 10 of the Crimes (Sentencing Procedure) Act 1999. This will mean that you do not receive a criminal conviction on your record.
Consequences of frauds
The maximum penalty for fraud is 10 years imprisonment.
It should be noted that most offences will receive a lesser sentence. With the correct preparation and persuasive arguments in court, you can often avoid jail, even for fraud charges over $100,000.
For minor fraud cases you may be able to avoid a conviction. This can be by persuading a magistrate to impose a section 10.
You can view somerecent examples of fraud cases here.
Dishonestly Obtain Financial Advantage by Deception
The offence of dishonestly obtain financial advantage by deception is contained in Section 192E of the Crimes Act 1900 (NSW). It is also known as fraud.
ExperiencedFraud Lawyers in Sydneycan fight fraud chargesin two ways. Firstly, the prosecution must prove beyond reasonable doubt:
- You received property or a financial advantage, OR
- You caused a financial loss, AND
- The gain or loss was caused by your actions, AND
- Those actions were dishonest
Dishonesty is to be assessed according to standards of ordinary people and requires you to know your actions to be dishonest according to those standards.
Secondly, the following defences to fraud charges can be used:
- Causation: Your dishonest actions must be the main cause of the gain or loss. If this cannot be proved beyond reasonable doubt, you will be found 'not guilty'
- Claim of right: You were entitled to the property or financial advantage
- Duress: You were forced to commit the fraud;
- Necessity: Your actins were necessary in the circumstances.
- Mental illness defence: Some conditions (most commonly Bipolar Disorder) may give you delusions of grandiosity and cause you to commit fraud. At the time of the offending, if you do not appreciate the moral wrongfulness of your actions, you may be able to defend the charge.
If you have been accused fraud, it is important to obtain advice from a specialist fraud lawyer who has a successfully defended hundreds of persons charged with serious and complex fraud. We have offices throughout the Sydney metropolitan area where you can speak to Sydney, Liverpool andParramatta Criminal Lawyers. We can arrange a conference for you with a Law Society Accredited Specialist in fraud offences.