How to Get a Fraud Charge Dismissed in Minnesota
Facing the threat of a criminal conviction is a serious matter regardless of the charge. However, fraud cases are especially serious. This is true whether you are facing state or federal prosecution. Thankfully, it could be possible to have those charges dismissed.
Facing fraud charges is difficult, but you never have to do so alone. A defense attorney from our firm is ready to help you fight against a conviction and defend yourself from the risk of jail time.
The attorneys of Gerald Miller have the experience needed to develop a powerful defense strategy in your case. We can work towards having the charges against you dismissed, winning your case at trial, or negotiating a favorable plea deal. Contact us as soon as possible to set up your free consultation.
Are Dismissals Possible in Fraud Cases in Minnesota?
To understand how to get your fraud case dismissed, it is important to know that the prosecution generally has the authority to dismiss the case before it goes to trial. Law enforcement, on the other hand, cannot dismiss the case once charges have been filed, even if they were the ones who arrested you.
In Minnesota, the decision to dismiss a fraud charge is typically made by the prosecutor. However, it is unlikely that a prosecutor will dismiss the charge if there is strong evidence of guilt. To increase the chances of having the charge dismissed, it is important to work with an experienced robbery attorney to build a strong defense strategy. The goal of this strategy should be to demonstrate to the prosecutor that a conviction is unlikely, given the weakness of the case.
It is possible to have your case dismissed even if the prosecutor refuses to do so. This is because the judge in charge of your case has the authority to dismiss the charges against you. To request a dismissal, you may need to file a motion with the court. A judge will only grant the dismissal if your lawyer can demonstrate that there are legal reasons that prevent the state from proceeding with your case.
Understanding Types of Fraud in Minnesota
Fraud is a broad term that applies to a wide range of criminal acts. It is helpful to understand these differences, as each offense is not the same. Some fraud cases are pursued by state prosecutors while others are treated as federal matters. The specific penalties associated with these offenses can also vary significantly.
No matter what type of fraud allegations you face, it is critical that you seek out legal counsel right away. A fraud charges lawyer from our firm is ready to help you deal with these allegations and build the strongest defense possible. Talk to the attorneys of Gerald Miller as soon as possible about your case.
Mortgage Fraud
Mortgage fraud can be committed by either the lender or the borrower. When the lender or broker is involved, it is typically considered a federal crime. This can occur when falsified documents are used to get a questionable loan through the underwriting process. Borrower mortgage fraud, on the other hand, is usually classified as a state crime. Examples of this type of fraud include lying about income, hiding debt payments, and misrepresenting residency status.
Credit Card Fraud
Credit card fraud can take many forms. One common form of credit card fraud is the unauthorized use of a card, which may or may not involve other crimes such as identity theft or forgery. In other cases, credit card fraud may involve the use of computers or other devices to automatically input and remember credit card information, allowing the fraudster to simply fill in a few missing details. In many cases, the physical card itself is not required for credit card fraud to be committed.
Insurance Fraud
Insurance fraud involving motor vehicles is prevalent in Minnesota. One type of fraud that is commonly seen in these states is known as “swoop-and-squat” fraud, where a driver intentionally causes a rear-end collision by pulling in front of another vehicle and then braking suddenly. In these situations, insurance adjusters often report the incident to authorities, leading to a presumption of guilt rather than a presumption of innocence.
What are the Defenses that Could Get My Fraud Charge Dismissed?
While there are different types of fraud charges, the defense strategies in these cases are often the same. Like with any criminal offense, there are multiple defense options that could ultimately result in the dismissal of your case. While more than one defense approach is available, the appropriate strategy will depend on the facts in your case.
Selecting the right defense strategy requires more than just choosing from a list. There are few times when the guidance of an experienced attorney is more important than during this stage. Our attorneys understand fraud charges, and we know how to beat them. We look forward to discussing some of the available defense options with you during a free consultation.
Lack of Intent
In order to be found guilty of fraud, the prosecution must prove that you had the intention to deceive someone else in order to gain something of value, such as money. Accidentally using someone’s credit card or personal information to make a purchase is not considered fraud because it was done by mistake and not with the intention of committing the offense. When a person acts in good faith they cannot be guilty of fraud regardless of how the outcome of a particular transaction.
Mistaken Identity
In a fraud case, the state must prove beyond a reasonable doubt that you are the person who committed the fraudulent act. Merely showing that fraud occurred is not sufficient, as someone else could have committed the crime. Mistaken identity is a common defense in these cases, as fraud crimes often occur when there are no witnesses present. It is possible that the police may arrest the wrong person in some cases, which could lead to a viable mistaken identity defense.
Unlawful Search and Seizure
In many fraud cases, arrests are made after incriminating evidence is found during a police search. These documents or items are often a crucial part of the state’s case against the accused. However, if the search that resulted in the discovery of the evidence was conducted unlawfully, the evidence collected during the search may not be admissible in court.
If the police exceed their authority in searching your property, your attorney may file a motion to exclude the illegally obtained evidence. If the court grants this motion and excludes the evidence, the prosecution may not have sufficient evidence to pursue the charges against you and may be forced to dismiss the case.
Speedy Trial
The law gives state prosecutors a limited window of time to bring criminal charges in most situations. This is the case with fraud charges in Minnesota. The right to a speedy trial is guaranteed by the Sixth Amendment to the U.S. Constitution. These rights protect the accused from unnecessary delays in their criminal proceedings. If the state violates your right to a speedy trial, it is grounds for the dismissal of your fraud case with prejudice.
Duress
If you are facing charges for committing fraud, you may be able to use duress as a defense if you can prove that you were compelled to engage in the fraudulent activity by someone else. This means that a third party used threats or other forms of unlawful pressure to force you to commit the crime. Duress is not a defense based on financial stress or pressure, but rather on threats to your physical safety or the safety of a loved one. In order to successfully use duress as a defense, you must be able to demonstrate that the threats or pressure were real and imminent, and that you had no reasonable way to escape from them other than by committing the crime.
Talk to Gerald Miller About Your Fraud Charges in Minnesota
If you have been arrested under suspicion of fraud, you could be facing significant criminal penalties. The good news is that the right defense attorney could help you develop a defense strategy that leads to a dismissal of these charges. Contact Gerald Miller as soon as possible to schedule your free consultation.
Related Content: How to Get a Theft Charge Dismissed in Minnesota
