If you have been accused of fraud charges, you could be facing some serious legal consequences.  Having an experienced criminal defense attorney on your side can certainly make a notable difference in the outcome of your case.

What Constitutes Fraud?

Using false information of any kind in order to achieve financial gain is fraud. That includes using a false identity, submitting false information on applications, false marketing, or other misrepresentations. Fraud occurs over the phone, online, face-to-face, and could involve individuals, insurance companies, or businesses. Examples include:

Penalties for Fraud in Florida

Depending on the type of fraud, a defendant may face numerous consequences if convicted, such as:

• Restitution payments to the victim;
• Attorney’s fees and other associated costs of the victim;
• Civil actions brought by the victim;
• Imprisonment for up to 30 years.

Possible Defenses for Fraud Charges

There are a number of tacks an experienced attorney may take in defending against charges of fraud. For instance, a prosecutor will have the burden of proof in establishing that fraud has truly been committed. Coming up with sufficient evidence to support such a claim may, no doubt, be challenging.  Apart from this, the reliability of the evidence provided may be called into question.

Without a doubt, intent is the essence of fraud. A prosecutor will have to prove that any actions by the defendant were not accidental. Following this, statements that are misleading are not, by comparison, fraudulent. If the statements are just opinions or commitments to do something at a later time, they actually do not necessarily constitute fraud.

If it can be demonstrated that the defendant was induced to commit the chicanery by a government entity, and would otherwise not have been involved in criminal activity, ultimately an entrapment defense may be appropriate. Such a defense, for example, relies on two key components:

• A lack of predisposition to commit a crime on the part of the defendant;
• Government enticement to participate in criminal activity.

Most importantly is by far the last defense. A defense attorney will be required to prove that the defendant was an unsuspecting and gullible pawn, unlike someone with a criminal mindset who happened to come upon an opportunity to commit a crime.

You Deserve an Advocate

At the Robert Foley Law Firm we undoubtedly believe every client deserves a quality defense. Our goal in this situation is to keep your record unsoiled, keep you out of jail, and minimize any financial consequences related to your charges. The best way to do that is either reduce your charges, or, in the best-case scenario, dismiss the charges all together. For a strong, personalized defense, contact our legal team in Fort Myers or Punta Gorda today. The initial consultation is, of course, free.

Grand theft can occur in all kinds of situations. One of the more unusual cases to hit Florida recently involved a Canadian native who experienced a bit of delusional thinking at a Florida airport. After claiming to be a pilot, trailing an employee with a cleaning cart, and removing his pants, he absconded with a luggage tug onto a taxiway. When he was finally subdued by a firefighter and arrested, he was charged with grand theft for commandeering the $75,000 luggage tug. Go figure.

Another curious case of grand theft involved Gators football players who became complicit in a debit card scheme. The players purchased expensive electronics with University issued credit cards, then sold the electronics. No problem so far. The crime occurred when players reported the cards as stolen.

In yet one more variation of grand theft in Florida, a female psychic was charged with defrauding her victim in a fortune-telling scheme involving over $80,000.

While most stories involving grand theft are not so colorful, the charges are nonetheless serious, and require the skill and determination of an experienced local attorney.

What is Grand Theft?

Grand theft is a Third Degree felony crime that takes shape in a variety of ways. The key component in this type of crime is intent. The prosecution must be able to convince a jury that the accused committed the theft, knowing it was stealing. In other https://nygoodhealth.com words, if the accused genuinely believes the items taken belong to him/her, intent might not be provable. That being said, grand theft might involve a number of acts, including:

• Deliberately taking something valued at $750 or more.
• Stealing a firearm;
• Stealing a stop sign;
• Taking a motor vehicle;
• Stealing a fire extinguisher;
• Stealing 2,000 or more individual pieces of fruit;
• Taking items from a posted construction site.

The penalties for this Third Degree felony may include a maximum of 5 years in prison, 5 years of probation, and a $5,000 fine.

When the theft involves emergency medical equipment or law enforcement equipment that exceeds $300 in value, and the charge rises to a Second-Degree felony, punishable by up to 15 years in prison, 15 years probation, and a fine of $10,000.

Finally, if the stolen item exceeds $100,000 in value, is a law enforcement semitrailer, or disrupts interstate commerce involving cargo exceeding $50,000 in value, it bumps up to a First Degree felony. Naturally, the maximum punishment rises as well, including a 30-year prison sentence and a $10,000 fine.

Your Advocate

If you have been accused of grand theft, it is imperative that you have a strong legal defense. At the Robert Foley Law Firm, our experienced team will work aggressively to ensure the best outcomes for you. Contact us today in Fort Myers or Punta Gorda for a free initial consultation.

You may be looking at some serious penalties if police arrest you for a DUI charge, or driving under the influence (DUI) of alcohol or drugs. A vigorous defense can minimize or even eliminate those consequences. It is in your best interest to have an experienced DUI attorney on your side to ensure the best outcomes in your case.

DUI Legal Penalties

If you are asked to submit to a breath, blood, or urine test by a law enforcement officer and you refuse, you are subject to a one-year suspension of your driver’s license. But even one DUI charge or conviction can lead to a record that follows you for years. Depending on the circumstances of your arrest, you could face hefty fines, community service requirements, probation, imprisonment, license revocation, DUI School, and ignition interlock installation on your vehicle. None of these consequences are pleasant.

Probable Cause

An officer cannot require you to undergo a field sobriety test or other testing for DUI without probable cause. Generally speaking, you must commit a fairly egregious driving error in order for police to stop your vehicle.

Challenging the Blood Test

 Key challenges to blood tests include:

• Poor training of the person who drew the blood;
• Poor record keeping;
• Missteps in the collection process;
• Discrepancies in the blood alcohol concentration (BAC) at the time of driving compared to the time of the blood test.

Since the blood test is a key piece of evidence that will be used against you, challenging the veracity of the blood test results is an important piece of your defense. Clearly, there may be an affect on the integrity of the blood specimen by how it is drawn. In all likelihood, the person who collected the sample had only about 40 hours of training. Nonetheless, law enforcement asks that you trust your future to their competence.

Blood Test Questions

Did police draw your blood soon after the DUI charge? Your BAC level may increase as time goes on, making your level at the time of the draw significantly different from the level at the time of driving. Preservative powder of the right type and amount must be used to ensure fermentation does not occur in the tube of blood. Testers must properly store the mixture of blood and the correct amount of anticoagulant powders. If errors in these procedures occur, the results of the blood draw may not be accurate.

What about after they collect the blood? If they do not refrigerate and store the blood properly, false positives may be the result. Not to mention, once the blood reaches the lab for analysis, further errors may occur.  The Gas Chromatograph used to measure alcohol content in the blood may confuse other compounds for alcohol. Even when it measures alcohol content correctly, it cannot determine whether the alcohol detected was formed during the delay or whether it was actually in the person’s body at the time of collection, nonetheless at the time of driving.

After all, forensic labs do not frequently study and report error rates for this type of testing. It seems ridiculous to let your future rest on the results of such an arbitrary system.

Fighting Back

At the Robert Foley Law Firm, our knowledgeable team knows just what to look for when examining your arrest record. We will fight to ensure the best outcomes for our clients. Contact us today for a confidential consultation.