Orlando Fraud Defense Lawyer
Fraud comes in many forms. These cases could involve a few dollars or, in the case of a large Ponzi scheme, a few billion dollars. Typically, prosecutors are only interested in cases on the large end. That means a large, multi-agency investigation. After investigators invest so many resources into these matters, prosecutors are under tremendous pressure to bring the most aggressive charges possible.
So, if you are accused of fraud, you need an equally assertive Orlando fraud defense lawyer from the O’Mara Law Group on your side. Generally, the state uses mostly circumstantial evidence in fraud cases. So, we usually identify the weakest link in this evidentiary chain and attack it. This approach usually produces results that exceed our clients’ expectations.
Evaluating Your Fraud Case
Basically, fraud is a deception that’s intended to produce financial gain at the expense of another person. That’s a rather complex definition, so we first break these elements down according to the facts.
We usually start with intentional deception, which is the heart of most fraud cases. An overly optimistic financial projection is not an intentional deception, especially if the people making these statements believe the projections themselves. Furthermore, there’s a fine line between aggressive sales tactics and intentional deception. Jurors, and not prosecutors, determine where that line is.
Financial gain is easier to prove in court. The gain could be direct or indirect. Insurance fraud is a good example. Filing a false or trumped-up claim is a direct benefit. Lying on forms to decrease risk and therefore decrease premium payments is an indirect benefit.
Finally, fraud cases involve victims. These victims must testify in court. If the victim is an organization, like an insurance company, such testimony is usually easy for prosecutors to arrange. If the victim is an individual, that’s a different story. For various reasons, many individuals are reluctant to give public testimony in these situations.
What to Expect
Jail release or clearing the arrest warrant is the first priority for our Orlando fraud defense lawyers. Since fraud is a nonviolent offense, many detainees are released on their own recognizance. If you find out that authorities have issued an arrest warrant but they have not served it yet, we usually arrange for a quick voluntary surrender.
The exact procedure varies in different courts. Generally, however, there is a preliminary hearing and a final trial. At the preliminary hearing, judges often rule on evidence issues, such as the admissibility of certain documents and a witness’ competency to testify. At the final trial, prosecutors must establish guilt beyond any reasonable doubt. That’s the highest standard of evidence in Florida.
Most fraud cases, and most other criminal cases, settle out of court. These settlements usually include reduced charges and/or a reduced sentence. That’s especially true if the victim did not lose any money or the defendant has voluntarily made restitution.
Contact an Assertive Orange County Lawyer
Fraud accusations do not necessarily lead to fraud convictions. For a confidential consultation with an experienced fraud defense attorney in Orlando, contact the O’Mara Law Group, Attorneys at Law. We routinely handle matters throughout the Sunshine State.
