Fraud is the act of dishonestly or deceitfully depriving someone of their property. The term “Fraud” can be refer to a number of different circumstances, such as selling a counterfeit item as genuine on Kijiji or Facebook Marketplace, credit card and insurance fraud, and “white collar” frauds.
Since the charge of fraud covers a large array of circumstances, it is important to contact us at 780-686-7948 so that you can fully understand the charges against you and the options available. The best defence is a thorough and properly executed one. Mr. Rory Ziv will asses the case against you and will work with you to obtain the best possible result available to you, whether that is a withdrawal of the charge, a reduction at sentencing or even a full acquittal at trial.
Fraud is broken into two different offences under the Criminal Code of Canada: Fraud Under $5,000 and Fraud Over $5,000.
Fraud Under $5,000
Fraud Under $5,000 is what is known as a “hybrid” offence. This means that the Prosecutor may proceed in one of two ways: through summary conviction or indictment. This is a decision made by the Crown Prosecutor without the Court’s intervention.
A summary offence is one which is generally considered less serious and will be heard by a Provincial Court Judge. Indictable offences are considered to be more serious and generally attract a higher punishment at sentencing.
Fraud Over $5,000
Fraud Over $5,000 is generally taken more seriously by both the Crown Prosecutor and the Court. Unlike fraud under $5,000, is what is known as a “straight indictable” offence. Indictable offences generally attract a higher punishment at sentencing, especially given the wide range of monetary values this charge covers.
When You Are First Charged
If you are charged with Fraud Under $5,000 you may not be formally arrested. Instead, you may be given an Appearance Notice or Promise to Appear. If you are taken into police custody and formally arrested, you may be released on an Undertaking which may contain conditions. In some situations, you may be detained and require a Bail Hearing. In this case, a Justice decides whether you should be released prior to trial, and what conditions you must follow.
If you have been charged with Fraud Over $5,000 you will be held in custody and require a Bail Hearing.
If you are released on conditions, you could face additional charges if you do not follow them. Such conditions may include not attending at a certain address (such as were the fraud occurred), or refraining from contacting the victim of the alleged fraud. You may be subject to other conditions tailored to you and the circumstances of the alleged crime.
It is very important that you keep any documents that you are provided with. Not only will they list the conditions you need to adhere to, but they will also inform you of the date and time of your first appearance in Court. You may also be required to attend a police station to provide fingerprints. If you do not, you will likely face additional charges.
These documents will also tell you which Courthouse to attend at. This may be a different Courthouse than where you live. For example, if you are charged in St. Albert, you will likely be required to attend at the Provincial Court in St. Albert, even if you normally reside in Edmonton. Sometimes smaller communities do not have a Courthouse and you may need to attend Court in a neighbouring community.
What You Can Expect
If you find yourself charged with any sort of fraud, it is important to call us right away at 780-686-7948. A criminal conviction may result in you facing a number of consequences and challenges, even after the completion of your sentence. You may be prohibited from entering certain countries, such as vacationing in Mexico or the United States. If you are not a Canadian citizen, you could face additional immigration consequences.
Even if this is your first encounter with criminal justice system, you could also face challenges in obtaining or retaining your employment as fraud is considered a “crime of dishonesty”.
Mr. Ziv will asses the case against you and will work with you to obtain the best possible result available to you, whether that is a withdrawal of the charge, a reduction at sentencing or even a full acquittal at trial.