In California, crimes involving fraud are generally pursued very aggressively by prosecutors. That’s why it is important to consult with a Martinez fraud lawyer if you are suspected of committing – or you have already been charged with – any sort of crime involving an alleged misrepresentation of information. An experienced criminal attorney could investigate the alleged crime, gather vital evidence, and work in your best interest every step of the way. En Español
The term “fraud” generally refers to situations where someone intentionally misrepresents important information for the purpose of inducing someone else to do, or not do, something that results in an undeserved benefit for the person making the misrepresentation.
Fraud can also be committed when someone knowingly withholds or fails to convey a fact to someone else and that omission results in a similar undeserved benefit for the person who failed to make the disclosure.
In California, there are numerous statutes involving specific types of criminal fraud. These include, but are not limited to bank fraud, credit card fraud, financial fraud, insurance fraud, mail fraud, and public benefits fraud.
Although each type of fraud has some unique elements, every type of charge generally requires the prosecution to prove the following elements in order to obtain a conviction:
A person may unintentionally misrepresent information, or not know the information he or she omitted was required. A skilled attorney in Martinez could investigate the facts surrounding the alleged fraud and establish the appropriate defense.
In California, a fraudulent act can result in misdemeanor or felony charges. The severity of the charge depends on the specific facts of the case, the amount of the resulting gain or loss, and the prior criminal history, if any, of the defendant.
A conviction on a criminal fraud charge will generally result in a fine and a period of imprisonment. In addition, anyone who is convicted of a fraud crime may also be subject to a civil lawsuit that can result in a judgment for financial damages. An experienced Martinez lawyer could explain the impact a criminal and civil case could have on someone accused of fraudulent activity.
Since anyone who is convicted of any type of fraud charge may end up with a permanent criminal record, a potential jail or state prison sentence, and even harsh immigration consequences, it is extremely important that anyone who is facing such charges take full advantage of their legal rights. The most important thing that anyone can do if they are questioned about their possible involvement in an alleged fraud is to refuse to answer any questions until they can consult with a Martinez lawyer.
Available defenses against fraudulent activity charges will depend on the details of the case. However, an experienced attorney may be able to get the charges dropped or reduced. In some cases, it is best to negotiate a plea deal that includes reduced penalties.
If the case actually goes to trial, the defense can assert that the alleged misrepresentation or omission did not involve a material fact or the defendant did not intentionally misrepresent or withhold anything of importance. An attorney could also argue that the victim did not act based on the alleged misrepresentation or omission or that the alleged misrepresentation or omission did not cause any financial loss.
If you are facing any type of fraud charge, it is important that you discuss the details of your case with an Martinez fraud lawyer as soon as possible. Doing so could help ensure that all your legal rights are protected and that you have all the information you need to make important decisions about your case. Schedule your initial case consultation today.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
The Nieves Law Firm is absolutely amazing. The best customer services experience I have had, great communication, astonishing experience, and overall a team of professionals that dedicate themselves to ensuring the best result. I am really happy to have worked with this team. Jimarielle was very helpful and provided me the comfort and understanding in every way possible. Highly recommend.
Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!