This is the next post in my series on defending against fraud charges in Peoria and other areas of central Illinois. My last article discussed defending against federal fraud charges. Defendants must understand that not all attorneys are licensed to practice in Federal Court and even fewer are experienced in doing so. Retaining counsel who is qualified to handle such matters can make a difference in the outcome of a case. In this article I will discuss the fact that individuals who are charged with fraud may face additional counts for related conduct. If you are in need of assistance then contact my office today to speak with a criminal defense lawyer.
Prosecutors have discretion to bring multiple counts for one course of conduct. Consider the following example. If Joe Defendant enters a bank with a false identification in order to make a withdrawal from someone else’s account then they will have committed the crime of fraud. They also will be considered as having committed the crime of burglary as they entered the building with the intention of committing a crime while inside. If they are found guilty of both fraud and burglary, and sentenced to prison, then the Judge may have the discretion to run the counts consecutively. This would mean that the defendant would have to serve their sentence on one offense before any time begins to count towards their second offense. In other words, one may face a very lengthy prison sentence if they are convicted on numerous counts.
An individual can also face numerous counts of fraud for what may seem like a single scheme. Suppose one composes an email asking for money under what are considered fraudulent pretenses. Now suppose that a bulk email program is used to send the email to thousands of people. Even though the individual only hit the “send” button once, since they were using a bulk program the fact that the email went out to thousands of people means that the accused person may face thousands of separate counts for fraud. If the funds were received through the US banking system, then the individual may face charges for wire fraud as well. As this example illustrates, counts can stack up quickly and one must be prepared to defend against numerous charges.
Charges related to fraudulent conduct will often hinge on one defense. Reconsider the example from above, where an individual is charged with burglary for entering a bank and then committing fraud while inside. If it is shown that any activity inside of a bank is not fraudulent then the burglary charge would likely fail as the building was entered for legal purposes. There are also many instances, however, where a defendant may be acquitted on some of the counts contained in an Indictment but not on others. How to mount a defense in any case, and how to best approach the matter, will depend on the specifics of the situation. No two cases are the same and any criminal charge should be discussed with an attorney as soon as possible.
If you have been arrested for fraud then contact my office today to speak with a Peoria criminal defense lawyer. I am a former prosecutor who is familiar with the workings of our local court system and my office will give your case the attention it deserves. I believe that everyone is entitled to a vigorous defense as well as the highest level of respect. Contact us online or by telephone to schedule an initial consultation. In addition to Peoria, we also serve clients in Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington and the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.