Fraud Lawyer in Freeman, MO. Missouri doesn’t have a particular law dedicated to “fraud.” Instead, fraud is considered a category of laws that refer to certain types of theft – specifically, non-violent offenses where the supposed offender used deception to allegedly trick another person. These accusations need to be taken seriously, and to protect your rights, you’ll need an experienced Freeman, MO, criminal defense lawyer as soon as possible.
Combs Waterkotte takes our clients’ freedom seriously and will fight to protect you against fraud accusations in Freeman, MO. If you’re facing criminal charges for bank fraud, wire fraud, or another type of fraud, call us right away at (314) 900-HELP or contact us online for a free consultation.
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Here, we will go over:
- What types of crime accusations count as fraud
- The role a fraud lawyer plays in defending you against charges;
- The types of charges that fall under the ‘fraud’ category in Freeman, MO;
- 5 steps you need to take if you’re charged with a fraud crime;
- How Combs Waterkotte sets itself apart in fraud cases;
- Different fraud charge defense strategies that you should discuss with your lawyer; and
- Where to get started with your Freeman, MO, fraud defense today.
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What Crimes Count as Fraud in Freeman, MO?
Fraud refers to a collection of white-collar crimes where one person tricks another person into giving away their valuables. This is often money, but can be anything of substantial value.
A crime accusation is considered “fraud” if it fits the following criteria:
- The act of lying committed with intention
- The act is done in order to gain something
- The gain comes at the expense of someone else
Online shopping scams are a frequent encounter in the internet age – in these, a website sells products or services that allegedly don’t fulfill their promises to customers, while still taking their money.
Sometimes, two very similar actions can be labelled as fraud, but sometimes, one will not fit all the criteria. The most common distinction is that of intention: Without intention to lie to someone, an action is typically not considered fraud. A failed adoption can fall into either category: Adoption fraud is a process where someone exploits a family for money without any intention to help them adopt a child. But if someone took money from a family with the intention of helping them adopt a child, and something went wrong preventing it from being completed, it would not qualify as fraud.
Professional Help That a Fraud Lawyer Can Provide in Freeman, MO
It can be complicated and confusing to try and make it through the legal process on your own. A fraud lawyer can help you find your way. Don’t wait until charges are filed; while you wait, the prosecution is building the case against you.
Here’s what they can provide for you:
- Explanations of Statutes – Some Missouri statutes are ambiguous and hard to understand. Fraud is no exception, but your attorney can break it down for you.
- Assistance During Police Interactions – Get help beyond just pleading the fifth; your lawyer can help you understand when it’s a good idea to talk to the police and when it’s best to stay silent.
- Defensive Strategy – You need a proven criminal defense strategy, and an attorney can help you pick the right one.
- Reputation Management – Unfortunately, cases don’t always end in the courtroom. Your attorney can give you guidance on how to handle interactions with the public.
- Plea Bargaining Assistance – Most cases end in plea deals. If you get an offer, your lawyer can help you decide whether to take it or to push for something better.
- Representation at Trial – If your case reaches trial, your lawyer will present your case before a jury to show reasonable doubt. And if it comes to sentencing, they will advocate for leniency.
Your lawyer should listen to your side of the story, and your defense should be tailored to you. Combs Waterkotte embodies this philosophy for all of our Freeman, MO, clients. We fight to find the best outcome in your case, and won’t stop until you get the justice you deserve.
Credit Card Fraud
There are two statutes that discuss credit card fraud in Missouri: The first, § 570.130 RSMo, sets restrictions on how a credit card can be used. For example, it outlaws the use of a credit card that does not belong to you without permission. The maximum penalty depends on the amount that the user allegedly spent with the card: Less than $750 (in a 30-day period) is a class A misdemeanor with up to a year in jail and $2,000 in fines. Any more than that is a class E felony, which can be punished by up to four years in prison and $10,000 in fines.
The second credit card fraud statute in Missouri is § 570.135 RSMo. This makes it illegal to lie in order to get a credit/debit card, or use one that you know was obtained fraudulently. This offense is also a class A misdemeanor.
In some cases, both of the above statutes are charged together. Your lawyer needs to be someone who knows how to handle multiple charges at once.
Bank Fraud
Bank fraud can be closely related to credit card fraud, and in some cases is even covered by the same statues (for example, if there was a debit card involved). However, bank fraud is also covered by its own broad statute.
This type of fraud is primarily covered by § 570.148 RSMo. This makes it a crime to lie to a bank (or other financial institution) to withdraw money that doesn’t belong to you. If the amount taken was less than $500, it is a class B misdemeanor. If it’s more than that, convictions can range from a class E felony to a class B felony, depending on the alleged offender’s mindset.
Identity Theft
Identity theft is against the law in and of itself, but is more likely to be a part of a greater alleged scheme, and can be just one of multiple charges in these cases. For instance, using another person’s information to apply for a credit card would count as both credit card fraud and identity theft.
Identity theft, according to § 570.223 RSMo, can range anywhere from a class B misdemeanor to a class B felony, depending on the value involved and the individual’s prior history.
Tax Fraud
Tax fraud charges always need to be taken seriously in Freeman, MO. Both the IRS and the Missouri Department of Revenue treat these charges harshly, and you could face years in prison and/or thousands of dollars in fines after a conviction.
Missouri has an expansive tax code, with different sections for different types of taxes. Both individuals and organizations can be charged with tax fraud, and it’s important to work with an attorney who understands your specific circumstances.
Wire Fraud
Wire fraud has a very broad definition in the United States. It essentially refers to any fraud that is committed using electronic communication, like the internet. Unlike other fraud charges, this is usually prosecuted at the federal level because the alleged offense often crosses state lines.
18 U.S.C. § 1343 is the federal statute covering wire fraud. Penalties for a conviction go up to 20 years in prison, or 30 years if a financial institution or federal disaster relief funds were involved. The end sentence is usually determined using §2B1.1 sentencing guidelines.
Additional Fraud Charges in Freeman, MO
Your fraud lawyer from Combs Waterkotte will fight against the full range of fraud charges in Freeman, MO. Here are some more common charges we can help you with:
- Welfare Fraud
- Medicare/Medicaid Fraud
- Mortgage Fraud
- Immigration Fraud
- Mail Fraud
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How to Handle Fraud Accusations in Freeman, MO
Fraud accusations are very serious, and if you’re facing any, you need to know your next steps. You’ll need to contact a fraud lawyer as soon as possible, but in the meantime, don’t forget the following:
- Stay Silent in Interviews – When you plead the fifth, be respectful but firm, then ask to see a lawyer.
- Get a Lawyer – A professional lawyer can help you understand the situation and the best paths forward. Call fast, before the situation gets worse.
- Request Release From Jail – Posting bail does more than give you a more comfortable place to wait for your trial: It lets you be an active participant in building your defense.
- Collect Evidence for Your Defense – Fraud cases often involve high amounts of paperwork and other evidence. Preserve whatever you can and share it with your lawyer.
- Tell Your Attorney Your Side of the Story – No two cases are the same, and your lawyer should listen to you and create a defense that’s tailored to your situation.
When you’re first accused, it’s easy to feel lost. But taking some practical steps sets your case up for the right law firm to guide you the rest of the way.
Set Your Case Up for a Positive Outcome: Contact Combs Waterkotte
At Combs Waterkotte, we believe that a proper defense starts with the person at the center of it: You. We’ve helped over thousands of clients make it through the most difficult time in their lives, and bring a client centered approach to every case.
When you work with us, you can look forward to the following:
- We have over 500 five-star reviews.
- We take the time to listen to you.
- We won’t make false promises: We’ll take a realistic approach to your case.
- We’re available 24/7 if you need anything related to your case.
We help good people in bad situations – contact us now to get the legal help you need.
Fraud Defenses to Discuss With Your Lawyer
We take the time to listen to your story, investigate and learn about your case, and then craft a defense based on what will work best for you. There are many overarching strategies to draw from, and a fraud lawyer in Freeman, MO, will take the time to pick the right one for you.
Here are some examples that your lawyer might recommend:
- No Intent to Defraud – Perhaps you made a false statement, but believed it to be true at the time.
- Statement Was Not Fraudulent – An immaterial false statement is generally not enough for a fraud conviction. If you lied about something inconsequential, it may not be enough to count as fraud.
- Alleged Victim Wasn’t Influenced – Fraud convictions require the alleged victim to have been significantly influenced by your statements. If they made their decision for entirely other reasons, the law does not consider it to be fraud.
- Evidentiary Issues – If the state violated your rights or chain of custody while gathering evidence, we can fight to have it suppressed.
- Mistaken Identity – It’s possible that the victim really did experience fraud, but it was at someone else’s hand.
Don’t Wait. Get Help From an Expert Fraud Lawyer in Freeman, MO Immediately
Combs Waterkotte offers high-quality defenses for Freeman, MO, citizens facing criminal charges, from traffic tickets to felonies. When you call us, you’ll get direct attention from an experienced attorney.
Call a fraud lawyer in Freeman, MO, at any time at (314) 900-HELP or use our online contact form to set up a private conversation with an attorney.
