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Knowledge

Building a Strong Defence Against Fraud Charges in Ontario

January 2023

Fraud-related charges can have severe consequences on your personal and professional life which can include a criminal record and penalties. If you have been charged with a fraud-related offence, it is important to have a strong defence in order to protect your freedom and future. At Titan Defence, a criminal law firm based in Toronto, Ontario, we specialize in providing our clients with a strong defence against fraud-related charges.

At Titan Defence, we defend our clients' rights and fight the prosecution's case by utilizing our extensive knowledge of laws, rules, and procedures related to fraud. We begin by thoroughly examining the accusations and evidence against our client, highlighting any inconsistencies or weaknesses in the prosecution's case. We also gather information that can aid in the defence, and challenge the validity of the investigation and arrest. We assert legal defences such as lack of intent to commit fraud, coercion or duress, and actions that are justified by law. If necessary, we may also negotiate a plea agreement with the prosecution. Our understanding of the legal system and judges allows us to effectively defend our clients against fraud allegations. The Titan Defence team is dedicated to defending our clients' interests and achieving the best outcome in each case.

What is Fraud?

Under Ontario law, fraud is defined as the intentional or deliberate act of deception for the purpose of gaining an advantage or causing a disadvantage to another person. This can encompass a wide range of activities, such as embezzlement, forgery, identity theft, and more. According to the Criminal Code of Canada, fraud is considered a criminal offense and can result in fines and/or imprisonment.

Examples of fraud that fall under Ontario law include, but are not limited to, identity fraud, investment fraud, internet fraud and insurance fraud. However, it's important to note that fraud can take many forms and the consequences of a conviction will vary depending on the nature of the fraud, the amount of money involved, and the harm caused to the victims.

Keys To Building A Strong Defence Against Fraud Related Charges

At Titan Defence, our experienced fraud lawyers work closely with their clients to build a strong defence against fraud charges. They take the time to understand the client's unique situation and tailor their defence strategy accordingly, ensuring that their clients are fully informed and involved in the process every step of the way. The process can include:

  1. A detailed understanding of the charges: A thorough understanding of the specific fraud-related charges and the evidence that the prosecution plans to use is essential in building a strong defence.
  1. A knowledge of the legal process: Familiarity with the legal process, including the rules of evidence, court procedures, and the elements of the crime of fraud, is crucial in building a strong defence.
  1. A review of the investigation and arrest: Reviewing the investigation and arrest to identify any procedural errors or violations of the accused's rights is important in building a strong defence.
  1. Gathering and analyzing evidence: Gathering and analyzing any evidence that may be favorable to the defence, such as witnesses statements or other physical evidence.
  1. Identifying and challenging any violations of the Canadian Charter of Rights and Freedoms: Identifying and challenging any violations of the Canadian Charter of Rights and Freedoms, such as illegal search and seizure, and using this knowledge to build a strong defence.
  1. Raising legal defences: Raising legal defences such as arguing that the defendant did not intend to commit fraud, that they were under duress or coercion, or that they have a legal justification for their actions.
  1. Working towards a plea bargain: If appropriate, negotiating a plea bargain with the prosecution to reduce the charges or the penalties against the accused.

How Understanding Procedures Related To Fraud Can Help Build A Strong Defence

At Titan Defence, our fraud lawyers know how to get involved and how to fight for our client's rights. We understand the ins and outs of fraud cases, and we use that knowledge to build a defence that gives our clients the best chance of a favorable outcome. We know when to challenge an investigation, and they're not afraid to question the legality of the arrest. For example, if the police didn't have a valid reason to stop, detain, or search you and your property, or if they didn't have a valid warrant, any evidence obtained during that search may be considered inadmissible. That's powerful, and it can weaken the prosecution's case.

We dive deep into the evidence presented by the prosecution, looking for any inconsistencies or weaknesses. We know how to challenge the use of inadmissible evidence or evidence obtained illegally, and we're always on the lookout for other evidence that might be favorable to our clients' defence. We're also skilled at raising legal defences, such as arguing that the defendant didn't intend to commit fraud, that they were under duress or coercion, or that they have a legal justification for their actions. In the end, we know how to build a defence that's tailored to each individual case, and we do it with energy, determination, and a dee p understanding of fraud law. 

Gathering And Analyzing Evidence To Build A Strong defence

A fraud lawyer in Toronto, Ontario can gather and analyze evidence in a number of ways in order to build a strong defence for their client. Some specific methods include:

  1. Review police and prosecution reports: A fraud lawyer will review all the police reports and the prosecution's evidence, including any statements made by witnesses, physical evidence, and financial records. They will look for any inconsistencies which can be used to challenge the prosecution's case.
  1. Interviewing witnesses: A fraud lawyer will interview any witnesses who have information relevant to the case, such as individuals who were present at the time of the alleged fraud, or those with knowledge of the accused's financial situation. They will also look for potential defence witnesses who can provide testimony in favor of the accused.
  1. Hiring expert witnesses: A fraud lawyer may hire experts such as forensic accountants, handwriting experts, or computer forensic experts to assist in analyzing the evidence and providing testimony in court.
  1. Analyzing financial records: A fraud lawyer will analyze any financial records that are relevant to the case, such as bank statements, credit card records, and other financial documents, looking for any inconsistencies or signs of fraud.
  1. Subpoenaing documents: A fraud lawyer may subpoena records from third parties such as banks, phone companies, and other businesses to gather evidence that is favorable to the defence.
  1. Reviewing case law and precedents: A fraud lawyer will review case law and precedents to find any legal principles or court decisions that may be relevant to their client's case.

By gathering and analyzing evidence in these ways, a fraud lawyer at Titan Defence can build a strong defence by identifying any weaknesses in the prosecution's case and by presenting evidence that supports the defence theory.

Contact Titan Defence Today

If you or someone you know is facing fraud-related charges, it is essential to act quickly and seek the help of an experienced fraud lawyer. At Titan Defence, we understand the seriousness of fraud-related charges and are dedicated to providing our clients with the strong defence they need. We have a deep understanding of the laws, regulations, and procedures related to fraud, and our lawyers are able to not only defend all allegations of fraud, but also work out creative resolutions that don't end up in a criminal record, such as repayment of any funds lost.

Don't hesitate to contact us today to schedule a consultation and learn more about how we can help you protect your rights and freedom. Our experienced fraud defence team is ready to help you navigate the legal process and work towards the best possible outcome for your case.

Author: Titan LLP

NOTE: THIS IS NOT LEGAL ADVICE AND THIS SHOULD ONLY BE RELIED ON FOR INFORMATIONAL PURPOSES. THIS BLOG IS NO SUBSTITUTE FOR LEGAL ADVICE BY AN ACTUAL LAWYER. THE LAW ALSO DYNAMIC IS CHANGES OFTEN, AND AS A RESULT, THE INFORMATION CONTAINED HEREIN MAY BE OUTDATED AFTER TIME. THIS BLOG MUST NOT BE RELIED ON AS A SUBSTITUTE FOR ACTUAL LEGAL RESEARCH.