There are many different kinds of fraud that people are charged with in Midland. Among those, some of the most common types include forgery, check frauds, and identity theft. Each of these crimes is taken extremely seriously and may result in severe penalties for those convicted. With that said, if you have been accused of any type of fraud and are looking for legal representation, it is important that you consult with a Midland fraud lawyer as soon as possible to mount a strong defense. An experienced lawyer can assist in gathering evidence and ensuring you know what to expect throughout the legal process.
Debit cards and credit cards have made it a lot easier for people to get personal information, and contributes to the amount of evidence that a Midland fraud attorney will need to gather to help disprove the prosecution’s case.
The evidence needed in a fraud case depends on the type of case at hand. A lawyer needs to talk to the alleged victim and see what information the person allegedly took from them or what information they passed on. Since fraud is a white collar crime, the investigations are usually assigned to a detective versus a police officer who may be focused on other types of crimes.
The penalties an individual may face for fraud in Midland can vary greatly. This is simply because there are so many different kinds of fraud. A charge of fraud could range anywhere from a misdemeanor up to a felony charge based on the severity. To combat such penalties, an individual should not hesitate before consulting with an experienced Midland fraud lawyer.
The immediate penalties of a fraud conviction depend on whether or not an individual gets a conviction or if it is deferred. Some of an individual’s rights could be taken away including gun rights, and voting rights. Regarding long term consequences, a lot of people trying to get a job or an apartment application will have a hard time if there’s a fraud conviction on the application. It creates a trust issue.
If the fraud has to do with a will, a deed, a mortgage, security instrument, check, credit card, or similar, then it is a state jail felony which carries a sentence of 180 days up to two years in jail. If it is actual cash, security, postage, government record, or stock funds, then it is classified as a third-degree felony which is between two and ten years in TDCJ and up to a $10,000 fine. Things that are not specifically listed in the penal code are considered a Class A Misdemeanor, which carries a penalty of up 365 days in county jail for Midland fraud.
Possibility of a Plea Deal
Most often, a lawyer ends up pleading these cases out. A lot of times, the prosecution is more concerned with getting the victim’s money back so they would rather plea at wanting their probation and then try to get some restitution
Role of a Lawyer
A Midland fraud lawyer makes sure the officer investigates the case correctly, and ensures that they can prove who the alleged victim is. Sometimes, a person gets the credit card, but the alleged victim cannot be found.
In that case, the fraud lawyer in Midland has to prove that the person owning the card was actually harmed and that the person who took it intended to do so fraudulently. This is needed to show intent. From there, an experienced attorney can begin building a case to help prove that the alleged victim was harmed by fraudulent activity on their behalf.