Song Criminal Defence
Frequently Asked Questions (FAQs)
Q: I've been charged with Fraud Over $5000.
What is my best course of action?
Most individuals are charged with Fraud Over $5000 as a result of something that happened during the course of their employment. An employee in a retail setting may process a return from a customer in an amount that is larger than the initial return and relay the proceeds to a gift card or other form of funds. An employee may sell an item to a customer for a higher amount while pocketing the markup. An employee may purposely miscalculate the daily float amount in the cashier and write a discrepancy report while pocketing the discrepancy. Although these amounts may start out as small amounts, over time and over repeated instances, the amounts can grow larger than $5000. Therefore, an individual who deprives the public or any person of property, money, valuable security, or service by way of deceit, falsehood etc, is guilty of fraud. If the amount that is defrauded is above $5000, that individual is charged with Fraud Over $5000.
What is the significance of the difference between Fraud Under $5000 and Fraud Over $5000?
The 5000 dollar mark is the line in the sand between how the Criminal Justice System considers these offences. Fraud Under $5000 is a hybrid offence, meaning the Crown Attorney can proceed by way of summary conviction (not as serious) or indictment (serious). Fraud Over $5000 is "straight indictable" meaning the Crown Attorney has no choice but to proceed by indictment.
What is the significance of the difference between a hybrid offence and a straight indictable offence?
Anyone who is found guilty and convicted of "Fraud Over $5000" is going to jail. Much of the lesser dispositions (punishments) that do not involve jail are not available for Fraud Over $5000; whereas, with Fraud Under $5000, a disposition that does not involve jail is available.
What should I be doing if I am charged with Fraud Over $5000?
First off, you should most definitely be hiring a lawyer. For those who are "in the red" with respect to their financial situation, this can be a difficult proposition. Song Criminal Defence is willing to assist in breaking down lawyer's fees into manageable monthly payments to make legal representation more accessible.
Second, an individual charged with Fraud Over $5000 should make their best efforts with their lawyer to obtain and review Crown disclosure (evidence gathered by the police obtained by defence counsel through the Crown) in order to determine the accuracy of the evidence including the alleged restitution amount.
Third, an individual should make their best effort to procure funds to pay out the alleged restitution amount if the allegations in disclosure are true and the individual is of the mind of resolving the matter without going to trial.
Defence counsel will most likely have multiple meetings with the accused as disclosure documents forwarded by the Crown will usually be ongoing. Fraud Over $5000 matters contain more documentation relative to other matters as disclosure will contain financial documentation required to prove the matter beyond a reasonable doubt. After reviewing disclosure, defence counsel will most likely have a few Crown Pretrial meetings with the Crown in an attempt to resolve the matter.
A Fraud Over $5000 charge is a serious matter with serious consequences relative to what most individuals may perceive as being the harm done. If you are charged with Fraud Over $5000, Song Criminal Defence can help you get through it. We are available 24/7 by phone to speak with you to answer any questions you may have. You can connect with us online to set up a free consultation at a time convenient to you in order to review your case.