A charge of fraud covers a wide scope of crimes tried either in federal or state court depending on where the fraud occurred and whether it was perpetrated under federal or state jurisdiction. Although mostly tried as felonies, there are rare instances where a fraud case can be tried as a misdemeanor. However, to be tried as such, a limited loss would have to be been suffered by the victim of the fraud.
A fraud case tried in a state court is a scheme or deception that took place entirely within that jurisdiction and did not use federally controlled devices such as a computer, telephone or any other wired device due to the fact that it would be realistically predictable that an interstate communication could have occurred.
If you have arrived at this page of my Website it is likely that you or someone close to you has been charged with this type of crime and needs the best representation they can get to assist with the state or government's allegations.
In many cases, when the crime of fraud is charged, whatever the type of case, it must be proven that it is always the defendant's intent to defraud that becomes the key issue for the jury, and there have been many such matters over the years in which I have argued that a defendant had no intent to defraud the victim, convincing the jury who in the end agreed with my argument.
Not every case is defensible but many are, and the decision to try such a case will always depend on the facts and evidence obtained by the prosecution as well as my client's wishes.
Prior to the establishment of my practice as a criminal defense attorney in the private sector, I was a working member of the prosecution for close to half of my professional career. I held many prosecutorial positions including Assistant United States Attorney on a federal level as well as an Assistant State Attorney for the State of Florida. I also served as Assistant Attorney General for the state, gaining significant familiarity and skills by understanding how the prosecution operates in criminal cases that were tried in federal court as well as in the State Courts in Florida. This earlier association provides me with a significant advantage in comparison to many other attorneys that practice in the field of criminal defense by recognizing and crafting a defense based on how the prosecution considers all aspects of a fraud charge and how they will advance their case.
This involvement and accumulated knowledge, combined with more than thirty-five years of its use in the courtroom has successfully aided me in representing my clients' after an arrest has taken place, or if a criminal case goes to trial
If an arrest has just occurred, the possibility of the individual you care about being in custody is probable. In this circumstance, my primary objective is to gain their release on bond. After this objective is met, I contact the prosecution as well as any arresting officers or agents to study the evidence which they believe contributed to the cause for the arrest. I accumulate as much information as possible from all law enforcement involved, pursuing approaches that would assist in the impeachment of the opposition's testimony if a case goes to trial. After all details are made available to me I then speak with my client to plan a proper strategy, carefully listening to their description of the event that took place and advising them accordingly. After hearing both accounts, if the evidence seems to be in favor of the prosecution, I discuss all possible options with my client and if necessary explain what options are available to help us have proposed charges reduced to obtain the most positive outcome. I also let them know up front, what my opinion is of the strength of the prosecution's case.
The presumption of innocence always makes it the burden of the prosecution to prove their case, and this must be achieved beyond a reasonable doubt as required by law. The prospect of someone accused of a crime ending with a verdict of not guilty can significantly be improved by a well-organized defense in contrast to any presentation of conflicting evidence.
You have my assurances, there are always methods available to lessen indicated penalties before a trial is completed, and always the prospect of getting a case dropped before it ever gets to trial. And of course there are instances when the person arrested is wrongly accused no matter how the evidence appears or the prosecution doesn't actually have the proof needed to appropriately proceed.
In each and every individual case I put the prosecution to the test.
Even in the situation when a jury returns an unfavorable verdict the battle isn't over. I go through trial transcripts and analyze my notes taken during the court proceedings looking for errors made by the prosecution, or even the judge, and continue my arguments throughout the appeals process where a verdict can be reviewed by a higher court and in many cases get the negative outcome reversed.
Throughout my Website there's a great deal of information and you can learn more about individual categories of fraud charges by clicking the sub-links at the bottom of this page Everything you need to know about the various types of fraud can be found here by clicking any of the topics that may relate to your individual situation. Most pages have other videos that can specifically inform you about any charges that have been alleged.
So don't delay. Calling me at the onset of a criminal case before the prosecution has determined how they'll advance their case will at all times increase our probabilities of a positive conclusion and give me the needed time to plan a strong defense.
Fill in and submit the contact form that's in plain view on each page of my Website or call me directly at any of the phone numbers listed for a faster response. Mobile users can press here to immediately connect.
My name is Michael B. Cohen. I'm a board certified criminal trial lawyer that will vigorously work to defend your rights and use all resources at my disposal to plan a proper line of attack fighting allegations charged for a successful defense.
No matter how impossible a situation may seem right now, I can help.