DC Fraud Lawyer
Fraud is broadly defined as an act of deception that results in a personal gain and/or that causes someone else to suffer losses or harm. There are different types of fraud offenses that are illegal under the laws of the District of Columbia. If you are charged with fraud, a DC fraud lawyer could provide you with assistance in understanding the charges against you, preparing your defenses, and mitigating any possible consequences. Call a criminal defense attorney in DC today to schedule a free consultation.
Washington, DC Laws on Fraud
DC Code Section 22-3221 defines the offense of fraud. Under this Code Section:
- Fraud in the first degree refers to a scheme or systematic course of conduct that is designed to obtain property from someone else or defraud another person. This course of conduct must involve false or fraudulent pretenses, misrepresentations, or false promises. The fraud must lead to the defendant actually obtaining property, and/or the other party losing the property.
- Fraud in the second degree refers to a scheme or systematic course of conduct that is conducted to obtain someone else’s property using fraudulent means such as false promises, misrepresentations, or false pretenses.
Making false promises as to future behavior can be considered a form of fraud if the individual does not intend to carry out the promised behavior or if they know the promised actions will not be performed. However, a prosecutor cannot establish a person’s intent to commit fraud simply by showing that promises were not performed. The prosecutor must show that the defendant knew that the promised behavior would not occur at the time when they made the assertions. Consult with a DC fraud lawyer to learn more.
Penalties For Fraud in Washington, DC
Code Section 22-3222 defines the penalties for fraud:
- Fraud in the first degree can result in fines of up to $25,000 or twice the value of the property obtained or lost, whichever is greater or imprisoned for not more than 10 years, or both if the value of the property obtained or lost is $1,000 or more
- If the property in question had some value less than $1,000, fraud in the first degree can result in up to 180 days of incarceration or up to $1,000 in fines, or both.
- Fraud in the second degree can result in up to three years of incarceration or fines up to $12,500 if the scheme to commit fraud would have resulted in losses to other party or gains to the defendant of $1,000 or more
- Fraud in the second degree can result in up to 180 days of incarceration or up to $1,000 in fines if the property that was the subject of the scheme to commit fraud has some value but the scheme would have resulted in less than $1,000 in gains to the defendant or losses to the other party
Fraud Crime Arrest and Bail Procedures in DC
Individuals accused of fraud crimes undergo specific arrest and bail procedures. Following arrest but prior to questioning, law enforcement officers will inform the accused of the charges and their Miranda rights—which include the right to remain silent and to have an attorney present during questioning. The accused is then taken into custody and processed, which includes fingerprinting, photographing, and conducting a background check.
The initial court appearance, known as an arraignment, follows the arrest. During this hearing, the charges are formally presented, and the accused may enter a plea. Bail options are considered at this stage. Bail can be granted based on the severity of the crime, the accused’s criminal history, and their flight risk. Options include personal recognizance, cash bail, or bail bonds.
When bail is set, the accused can be released upon payment, pending future court dates. Understanding these procedures is crucial for navigating the legal system effectively.
An experienced fraud lawyer in Washington, DC could provide essential guidance, ensuring the accused’s rights are protected throughout the process and working towards the best possible outcome.
How a DC Fraud Attorney Could Help
A DC fraud lawyer could assist you in exploring possible ways to defend yourself, including arguments that certain actions did not constitute a course of conduct, or that misrepresentations were accidental as opposed to an intentional attempt to defraud. A fraud attorney in DC could carefully analyze the evidence against you and advise you on the best way to confront the allegations. Contact an attorney today to learn more about the legal options you have if you have been accused of engaging in fraudulent behavior.