Fraud lawyers

 

Fraud lawyers tend to be highly specialist and, given the complex nature of fraud, it is common for fraud solicitors to specialise solely in this one area.

If you are arrested for a fraud offence, you should immediately contact a fraud lawyer who will be able to give you better advice than the average criminal defence law firm.

The Fraud Act 2006

Fraud lawyers specialise in defending or prosecuting persons with regards to the Fraud Act 2006. The Fraud Act is a relatively new piece of legislation enacted following a consultation and investigation into the law on fraud.

The Act aimed to consolidate existing law from the Theft Act and from common law and make it less ambiguous. The Act also attempted to target technological fraud offences including:

  • Credit card fraud
  • Chip and pin fraud
  • Internet fraud such as ‘phishing'

The Act has been commended by prosecuting lawyers, as it makes the law on fraud much wider and easier to charge. The previous offences of dishonesty contained within the Theft Acts were often very specific and had been frequently amended through changes in legislation.

One aim of the new Act was to keep wording broad so that future changes in technology would still be covered by existing law, without the need for amending legislation. Few cases under the Fraud Act 2006 have been reported and so it is difficult to see the effect the Act has had; however, fraud defence lawyers are concerned that the Act essentially makes it possible for the state to prosecute minor lying offences as fraud.

Using a lawyer

If you are arrested for a fraud offence you will be entitled to free legal advice. You will usually speak to a duty solicitor over the telephone and they will come to the police station to represent you during any police interviews.

Your solicitor will advise you on the best course of action during these interviews and will assist in gathering evidence for trial. If the Criminal Prosecution Service decides to prosecute you for fraud, your solicitor will need to advise you on the procedure. If you are being prosecuted for a triable either-way offence, your solicitor will need to give you advice about the benefits of Crown Court trial and the benefits of magistrates’ court trial.

If you decide to get free legal advice you will be allocated a criminal defence solicitor and are unlikely to receive specialist advice from a fraud solicitor. Given the penalties for fraud (ten years’ imprisonment is the maximum penalty) it may be worthwhile paying for specialist legal advice to minimise the risk of being found guilty or to minimise the sentence and reduce the risk of imprisonment.

If you are arrested by police it is highly recommended that you contact a specialist fraud solicitor immediately. A fraud solicitor will be able to come and see you at the police station in order to offer advice on the law. Failure to contact a specialist fraud solicitor will increase your likelihood of conviction under the Fraud Act.

More questions? See our FAQ page on fraud law.

Do you need a fraud lawyer to defend you, or to prosecute a person or company for committing fraud? Fraud law is a highly niche area of law and it is often difficult to find a lawyer who is really specialised in it. Contact Law works with some of the most renowned fraud lawyers in the country who are at hand to represent your case. Please call us on 0800 1777 162 or complete the web-form above.

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