How do I get my fraud charge dropped?
Fraud is defined generally as when a person, by deceit, falsehood or other fraudulent means defrauds any individual or the public of any money, property, belonging, service and/or security. An accused must have intended to defraud the individual or public. Depending on the monetary value of the fraud, an accused may be charged with fraud under $5,000 or fraud over $5,000. With the exception of the monetary value, the elements of the two offences are the same but the punishments are drastically different. A fraud conviction can result in sentences ranging from discharges to significant periods of incarceration.
Fraud is a crime of dishonesty and a conviction has significant lifelong impacts on employment, travel and immigration status. In order to properly defend fraud charges, it is important to have a highly skilled lawyer by your side. Cory Wilson has successfully represented many individuals charged with fraud including the largest fraud in Canadian history.
Alternative Measures Program
In certain circumstances, an accused person may have their fraud under $5,000 charge withdrawn by entering into the Alternative Measures Program. This is a program that diverts offenders from the traditional court system and upon completing certain conditions such as restitution, counselling or community service, the fraud charge is withdrawn leaving the accused with no criminal record.
Often, the difference between entering the Alternative Measures Program or not, is having the right criminal defence lawyer. Cory Wilson works tirelessly to ensure that each client who is eligible for the program, is accepted into the program.
Lack of Intent
It has become very common for police to lay fraud charges where a business deal or investment collapses, regardless of the reasons for the collapse. However, simply because a deal goes sideways, doesn’t mean it was fraudulent. It is a full defence to the charge of fraud if the accused did not have the intent to defraud or the understanding of the risks involved in the actions taken.
When fraud charges have been laid but the accused had no fraudulent intent, it is possible to have the charges withdrawn by presenting defence evidence on a without prejudice basis to the assigned Crown Prosecutor. This means that anything discussed or provided to the Crown Prosecutor cannot be used against the accused at trial. Cory Wilson has worked extensively with Specialized Prosecutions who handle serious criminal fraud charges as well as General Prosecutions who handle frauds considered less serious. As a result of this close working relationship, Cory Wilson has successfully had many of his clients’ fraud charges withdrawn or reduced long before the stress and expense of trial.