Fraud is a serious crime in the United States and one that, on its face, can be difficult to understand. If you or a loved one have been charged with fraud, do not hesitate to contact a New Jersey fraud lawyer right away.
An experienced criminal lawyer in New Jersey can advise you of all your legal options and begin building the strongest possible defense for your case.
Defining the Charge
Fraud exists in many forms. Some charges amount to that of a misdemeanor whereas others can amount to a felony. Perhaps in the most general sense, fraud can be understood as the intentional concealment or misrepresentation of a material fact.
A simple mistake, such as making a typo on an important government document, will not likely amount to fraud. Fraud has an ‘intent’ requirement which means that the accused must have performed the act with the intent to commit fraud.
In addition, the alleged victim of the fraudulent act must have reasonably relied on the fraud to their demise. A person generally cannot rely on something that is obviously absurd under the particular circumstances.
However, if an individual is ignorant, illiterate, or somehow otherwise at a disadvantage when compared to others, then fraud may still be found on the part of the defendant. Finally, the person must have suffered actual damages as a result of the fraud. Such elements can be best explained using a New Jersey fraud attorney.
Types of Fraud
The New Jersey courts have seen fraud in almost every shape and form. Examples of some of the most common types of fraud include:
- General Fraud (knowingly making a false statement)
- Credit Card Fraud
- Auto Dealer Fraud
- Consumer Fraud
- Bank Fraud
- Health Care Fraud
- Mail Fraud
In addition to state, there are many different Federal fraud crimes. At the Federal level, the fines, penalties, and potential jail time are far more serious. Conviction of a felony offense can also have potential long-term impacts on an individual’s ability to obtain certain types of employment or preclude them from being eligible for a security clearance.
Consumer Fraud
Back in 1960, New Jersey enacted the New Jersey Consumer Fraud Act. The purpose of the act was to protect consumers from exposure fraudulent business activities. Because the laws were crafted with consumers in mind, they are generally construed by courts to favor consumers.
A corporation who is charged with committing a fraudulent business activity should not take such a charge lightly. If found guilty of committing a fraudulent crime, the court may award treble (triple) damages against that corporation. These penalties can be best defending with the assistance of a fraud attorney in New Jersey.
Contact a Lawyer
It can be very easy to get lost in the sea of procedural requirements involved in a criminal lawsuit, which it why it is critical to have a New Jersey fraud attorney by your side.
A lawyer will be able to determine whether the charges being brought carry any weight. A lawyer will also be able to discuss strategy and propose several options.
Most importantly, the experienced attorney will likely be able to determine the most probable outcome of the lawsuit and can advise the client of the proper procedures to follow.
If you find yourself fighting fraud charges, seek out an experienced New Jersey fraud lawyer immediately. An experienced criminal defense attorney will help ensure that you are afforded the proper due process of law.