When someone is arrested for fraud in Florida, they should hire an attorney as soon as possible to defend their rights. There are stiff penalties associated with these types of crimes, so having a competent lawyer to protect a person’s rights is very important. It is necessary to have a licensed Florida criminal lawyer who is familiar with the statutes to create the best possible defense for the accused.

The Basics

The State of Florida considers fraud theft. It is usually non-violent and does not involve bodily injury to other people. It is often linked to investments or political agendas. As a result, fraud is frequently referred to as a white collar crime. In most cases, the defendant is accused of committing the act on purpose to gain other people’s money, assets or power.

Types

There are several different types of fraud as defined in Florida laws. They might include insurance, healthcare, credit card, mail, banking, employment, bankruptcy, mortgages or investment and securities fraud. More recently, schemes relating to the Internet have taken on a fraud category of their own.

Jurisdiction

Charges can be brought on local, federal or state levels. It is crucial to hire Florida criminal lawyers that are eligible to practice in federal court when the charges are federal. Organized fraud, for example, is considered a federal offense because it hides the sender’s identity and takes place through interstate platforms, such as the Internet, US mail, telephone or broadcast media. Something that begins and ends in Florida, such as a possible check fraud case, would be more likely handled as a state case. An attorney admitted through the Florida Bar can practice and defend clients in the Florida court system.

Penalties

The penalties associated with fraud cases are tough. If convicted, the person can spend time in jail and face fines. Depending on the severity of the crime in the eyes of the law, penalties can be up to 30 years in prison and more than 1 million dollars. The convicted party is often required to pay restitution to any victims associated with the case.

Defense

The key to fraud convictions is that it must be proven that the defendant deliberately tried to swindle someone. Making mistakes or doing harm by accident is usually not enough to merit a conviction when there is a competent Florida criminal attorney handling the case. An experienced and skilled attorney will look at all of the aspects of the case and speak with all potential witnesses involved.