Gulf Shores Fraud Lawyer
Fraud is defined as a criminal deception designed to result in a personal or financial gain. For persons charged with criminal fraud, it can be a life-changing and stressful event. An experienced Gulf Shores fraud lawyer knows that many good people make a mistake, sometimes unintentionally, that comes to the attention of law enforcement and results in a fraud charge.
An experienced criminal attorney understands that the pressures of business and personal financial obligations often push someone to act out of character. A criminal charge of fraud can destroy a person’s business and personal life. The fraud lawyer will fight for your reputation, liberty, and good name in defense of a fraud charge.
Elements of Proof
Criminal fraud goes beyond mere dishonesty and requires five elements be proven by the prosecutor. The defendant has to make a false statement of fact. A statement of mere belief, or an opinion, will not satisfy this requirement. The defendant has to know that his statement of fact was false. A prosecutor must somehow show the defendant’s state of mind. This can be done through physical proof, the defendant’s actions, or the testimony of witnesses. The defendant has to have had the intent to deceive. The false statements, or deceitful actions, have to have been made to convince the person to rely on the falsehood.
Defining a False Statement
The alleged victim had to have relied on the false statement and acted upon it. The false statement has to be material or essential to the transaction, not merely a side issue, and important enough so that the alleged victim counted on it to make their decision. The accuser had to have been harmed by the false statement. Real damage to the alleged victim has to have occurred for the defendant to be charged with fraud. A Gulf Shores Fraud Lawyer can work with someone to combat the prosecution’s case against their potential client.
All of these elements are contained in the prosecution’s case to convict a defendant in the following situations:
- Check Fraud
- Mortgage Fraud
- Stock Fraud
- Mail Fraud
- White Collar Fraud
- Insurance Fraud
- Credit Card
- Welfare Fraud
Possible Defenses against Fraud
There are three possible defenses a Gulf Shores fraud attorney may suggest to potential clients. They include lack of sufficient evidence, faulty police investigations and lack of criminal intent. After reviewing the facts of someone’s case, a Gulf shores fraud lawyer can advise the most appropriate defense for the defendant.
Lack of Sufficient Evidence
Each of the five elements of fraud has to be proven. An experienced lawyer knows that very few fraud cases can be made with direct evidence. At some point, a prosecutor will have to make arguments to convince a jury to “fill in the gaps,” which can be difficult.
Inaccurate Police Investigation
Fraud cases typically involve lots of paper documentation and analysis. Most police investigators are not skilled in this type of work, and an able Gulf Shores fraud defense attorney can find flaws in the case presented against an individual.
Lack of Criminal Intent
The defendant’s intentions and state of mind are critical to a criminal prosecution. Without a direct statement from the defendant, a prosecutor must rely on circumstantial evidence to prove this critical element. Circumstantial evidence can be attacked by an experienced fraud lawyer.
How a Fraud Lawyer Can Help
Gulf Shores fraud lawyers are experienced and skilled in fraud defense.The lawyers often use forensic accountants, investigators, and their internal staff to fully investigate the facts of your case, and develop all applicable defenses for the case on your behalf. Call a Gulf Shores lawyer who can begin working for your defense and peace of mind.