Arrested for Fraud
Advice
Fraud can be defined as the deliberate use of deception or dishonesty to disadvantage or cause loss to another person or party. In most cases, fraud involves an advantage that includes financial gain. Fraud is a serious offence and may have serious reputational repercussions for a defendant, their family, and possibly other affiliates.
Fraud scenario - example of false representation:
An example would be in a situation where you intentionally and dishonestly use a credit card that belongs to a third party to pay for an item. By using this card without permission, you are falsely representing that you have obtained the authority to make a transaction.
What constitutes fraud?
In the UK, fraud is governed by the Fraud Act 2006.
Potential defences:-
1 - Insufficient evidence
This requires the claimant’s representative, the prosecution, or the Government to provide evidence that the defendant had committed fraud. Accordingly, the burden of proof lies on the claimant. However, you must be aware that when the burden has been established, it would be difficult to use this defence against the claimant.
2 - Absence of an intention to defraud
In this case, there must be an established criminal intent to commit an offence, and the prosecution must prove beyond a reasonable doubt that the defendant committed the offence with a blameable state of mind.
3 - Non-fraudulent statements
To constitute fraud, misleading statements must surpass a promise to do something and relate to an existing fact. Here, Lestons Ltd will ensure to protect your right of expression when you have been accused of fraudulent statements.
4 - No risk of loss to the claimant
Another possible defence is the act did not deprive the claimant. As the loss suffered is an essential component of fraud, you may escape liability if proven that there was no transfer of interest.
Why do you need professional representation
If you are arrested then you should not feel compelled to help the police obtain a nice quick conviction. In such situations, you have a right to inform someone of your arrest. More importantly, you have a right to access free independent legal services when you request them. If this is ever in doubt, inform the police officer that you are allowed help under Section 58(1) of the Police and Crime Evidence Act 1984. Moreover, if you are eventually interviewed in the absence of legal services, you should remember that you neither have to answer the question posed to you nor can you be compelled to do so. You can simply choose to stay silent.
Once you request legal representation, they interview you (or continue to try and trick you at an ongoing interview) until you have access to suitable representation. Whilst in custody you have the right to get legal advice, to tell someone where you are, and to get medical help, and to see a copy of the rules the Police must follow (Codes of Practice). After being arrested we would strongly advise you to simply confirm your details and not rise to any of their quips or questions which are designed to solicit an admission of guilt, hence making their quest for a conviction a lot easier, instead simply state that you will not answer any questions until you have received legal guidance. Remember, simply saying “sorry” is classed as an admission of guilt, if you give an investigating officer the slightest chance, they will exploit it to the maximum.
If you cannot afford legal representation, you will be offered free and independent legal advice, however, you should not assume that the duty solicitor appointed for you will keep your details private, after all, they have the same paymaster and the solicitor will be extremely familiar (and thereby friendly) with the police officers and not want to cause them any inconvenience. In our opinion, this creates a dangerous situation as regards legal confidentiality. Our representatives are totally independent and would not disclose any part of your conversation with them to the police. If you are seeking alternative legal help, we strongly suggest you use a private solicitor and do not rely on the duty solicitor for reasons already stated.
Potential sentences
The sentences for fraud vary depending on the severity of the offence and the harm caused to the claimant. Under sections 1 and 7 for example, the maximum penalty for this offence is 12-month imprisonment on summary on conviction and 10 years imprisonment on conviction on indictment. Consequently, you are advised to seek legal assistance, as these sentences in addition to the reputational damages caused, may have detrimental effects on your life. Some of the factors taken into consideration by the judges when making a sentence include:
- The offender’s contribution,
- Harm caused,
- Aggravating factors i.e.:Offence was racially or religiously aggravated,
- Failure to respond to previous sentences,
- An intention to commit more serious harm than actually intended,
- An attempt to conceal or dispose information,
- Deliberate targeting of vulnerable victims, and
- Consideration for time spent on bail.
How we can help
We would suggest that you inform the police that you would like professional representation at the very earliest convenience, getting representation after you have already given (or been tricked into) a confession (or terms that may be interpreted as such) causes a multitude of problems. To gain our assistance you need to open a case, this is done by taking advantage of our free consultation service, activated by the link at the top of the page, should you wish to start a case the caseworker will send you the suitable payment link.
Your caseworker would immediately assign someone to meet with you as soon as possible. Because we are internet-based, we may not have our own actual solicitor in your area and may have to use a local one who is expertly qualified in his field. Their costs for attending may be more than our standard charge, if this is the case then your caseworker will discuss this with you. The solicitor will guide you through all aspects of the arrest and would not carry the same risks to you as using a duty solicitor.
Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our legal team and to act as your point of contact.