Kendall Mail Fraud Lawyers – Fighting for Your Rights
Mail fraud allegations can lead to serious criminal charges that carry steep penalties. If you’re facing accusations of mail fraud in Kendall, it’s critical to have an experienced defense attorney on your side. This article provides an overview of mail fraud laws, common defenses, and how an knowledgeable lawyer can protect your rights.
Understanding Mail Fraud Charges
Mail fraud refers to any scheme to intentionally deprive someone of money or property using the postal service or a private delivery service. This covers a wide range of potential scams and financial crimes. Some examples include:
- Sending fraudulent bills or invoices through the mail to collect payments
- Mailing phony sweepstakes information to trick victims into sending money
- Using mail to execute a Ponzi scheme or other investment fraud
- Mailing threats to extort money or valuables
To convict someone of mail fraud, prosecutors must prove two key elements:
- The defendant knowingly participated in a scheme to defraud another out of money or property, and
- They used the postal service or a private carrier in furtherance of that scheme.
This is a federal offense under 18 U.S. Code § 1341. Penalties can include fines up to $1 million and imprisonment up to 30 years depending on the scope of the fraud. Prosecutors often pursue mail fraud charges in addition to state fraud crimes.
Common Defenses Against Mail Fraud Allegations
Skilled Kendall criminal defense lawyers have deep knowledge of mail fraud laws and regulations. They use this expertise to identify flaws in the prosecution’s argument and craft an aggressive defense to protect your rights.
Some of the most effective mail fraud defenses include:
Lack of Criminal Intent
Forgery, false statements, or use of the mail alone doesn’t necessarily constitute fraud. Prosecutors must also prove you intended to deceive the victim for illegal financial gain.
If your attorney can show you acted in good faith without criminal intent, it weakens the case against you. For instance, if you unknowingly mailed documents containing false information at your employer’s request.
Statute of Limitations
Federal law sets a 5-year statute of limitations on mail fraud charges. This means prosecutors lose the authority to file charges for any offense older than 5 years.
An experienced lawyer will review the timing of the alleged events and determine if the statute of limitations has expired. If so, they can seek to have the case dismissed outright.
Improper Police Procedure
Like with any criminal charge, mail fraud accusations often begin with an investigation and possible arrest. If police violated your Constitutional rights or failed to follow proper protocols, any resulting evidence could be inadmissible.
Your attorney will aggressively scrutinize the investigation for illegal searches, lack of probable cause for arrest, issues with Miranda rights and more. Suppressing flawed evidence can cripple the prosecution’s case.