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New York Criminal Defense Law Blog

Think about how things are perceived as you work on a defense

Being accused of fraud is something that can lead to you facing criminal charges. You might be facing felony charges that demand that you take action to fight back against them. This is a sad situation, especially when the fraud is in connection with a business that you have worked hard to build.

We understand that you are in a precarious position now. You might not have meant to defraud anyone, but the evidence might make it appear otherwise. We know that you need to find ways to defend yourself against these charges so that you aren't having to deal with the impacts of being branded a felon.

Learn about defense options for white collar crimes

White collar crimes come either from intentional actions that a person performed that he or she knew were illegal or from actions that the person didn't know were illegal when he or she did them. No matter which one of these instances your case falls under, you have the right to present a defense against the charges.

We understand that you have some concerns about your defense. It is imperative that you have a good understanding about what you are being accused of, as well as what penalties you are facing. This is especially important if you are facing considerable time in prison.

Know when you can claim you don't recall something

Any questioning in connection with a criminal case is frustrating. Not only do you need to ensure that you are being truthful, you also need to ensure that you are protecting yourself. Many people think that they can just say that they don't recall certain things and that will be the end of it. While you do have that right, you have think carefully about doing this.

There are only certain instances in which saying "I don't recall" is appropriate in a criminal case. The one point that is universal here is that you should only utter those three words if that is the truth. In other words, don't say that you don't recall something when you truly do.

Know when to plead the Fifth

Facing any type of criminal charges means that you have to be careful about what you say and do. One of the reasons for this is that you have the right to avoid self-incrimination. This doesn't mean that the prosecutors have to ignore statements you make. In fact, if you do make incriminating statements, they can use them against you.

Self-incrimination means that you make a statement that proves your guilt. The Fifth Amendment provides you protections against this. It is interesting to note that there are limitations to this protection.

Don't let the prosecutor spend more time on your case than you do

When you are facing a securities fraud charge, it might feel like the odds against you are insurmountable. This isn't necessarily the case. You have to work hard to come up with a defense plan, but that plan might help you to reach your ultimate goal.

Criminal defenses usually have one of two primary focuses. The first is to prove total innocence. Many people assume that this is something universal to all defenses, but it isn't. Instead, some defense strategies are meant to minimize the penalties that a defendant will face. This is often the focus when the defendant knows that he or she did commit the crime.

What does securities fraud mean?

When people hear the term "securities fraud," they might not realize that this term encompasses more than one type of illegal activity. It is imperative that anyone who is facing charges related to securities fraud understands exactly what they are being charged with.

Having a good understanding of the term and what various forms of it entail might help you to decide how to plan your defense. Consider these points.

What should I consider when developing a defense strategy?

When you are facing criminal charges, your defense strategy has to be carefully planned. You have to think about several points when you are trying to come up with a defense plan.

There are several questions that can help you along the way when you are trying to decide what to do. Consider these questions to get you started:

Submit a false Medicare claim and pay with your career

The federal government does not look kindly on Medicare fraud. Not only do false claims adversely affect the public, but this kind of cheating is also extremely expensive, involving hundreds of millions of dollars in false billings. In short, it is illegal to defraud the government and its healthcare programs, and imprisonment is a possible penalty. Defendants might include physicians, pharmacists, home healthcare providers and others in the medical field. Fines can escalate to many thousands of dollars, and even if those convicted do not have to serve time, they can expect to lose their licenses.

 

Know your options for a white collar crime defense

We recently discussed identity theft and how this white collar crime can be rather complex to defend against if the prosecution opts to pursue charges. The fact of the matter is that all white collar crimes have the possibility of being very complex. For this reason, you should make sure that you take the time to go through the possible defense points that might help you to defend against the charges.

White collar crimes often have a considerable paper trail with them. This is often the basis of the prosecution's case. Determining how you are able defend yourself against each point in the case against you is important. The more questions we can introduce, the more of a chance that we are introducing reasonable doubt.

Identity theft crimes often come with ample evidence

There are a number of different type of fraudulent acts that can occur. One of these is identity theft. This is a criminal act on the federal level, as well as the state level. In a nutshell, identity theft occurs when one person uses another person's information for financial or any other gain without the other person's permission.

The Department of Justice notes that identity theft has officially been illegal since the passage of the Identity Theft and Assumption Deterrence Act in 1998. Before then, there wasn't a comprehensive description or official term of identity theft. Instead, prosecutions had to rely on other laws and try to fit the crime into those laws.

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