In Canada, credit card fraud refers to instances when somebody steals a credit card or uses credit card information without the owner’s consent.
Credit card fraud in Canada is closely linked to identity theft.
It is a serious offence and is often linked to organized crime which happens widely in Canada. A person who commits fraud will be subject to investigation by federal authorities such as the CSIS or RCMP.
If convicted of Credit Card Fraud, you could receive heavy fines and 10 years or more in prison. Your criminal record will make future employment and travel difficult and cause damage to your reputation.
If you or a family member has been charged with credit card fraud, it is important to find a criminal defence attorney immediately. He can advise you how to handle your case and achieve the most favourable outcome.
You need to know your rights and how to respond to questions from investigators. Look for a defence attorney near you by filling out our short online form at no cost!
Common Examples of Credit Card Fraud
Credit card fraud can happen in several ways:
- Duplicating credit cards to commit fraud;
- Obtaining authentic credit cards by mail with false information;
- Using a credit card online, over the phone, or by mail without the consent of the owner;
- Using equipment to steal credit card information, PIN, etc. to commit fraud;
- Using another person’s personal and financial information to commit fraud;
- The use of stolen or lost credit cards.
Regardless of the severity of the offence and involvement of an accused individual, it is critical to get competent legal representation.
A conviction for credit card fraud will have serious repercussions including imprisonment and fines.
Don’t take any chances and secure the best defence from an experienced and reliable credit card fraud attorney in your area.
What you should know if you face credit card fraud charges
Credit card fraud is a serious crime in Canada. Your life will be affected negatively for years to come when charged and convicted of fraud.
The truth is that mere possession of a fake or stolen credit card can lead to a fraud charge.
Compared to other types of fraud, credit card fraud is a bit easier for the prosecution to prove. If you were found in possession of a stolen or fake credit card, it can be difficult to claim it was by accident. If you used a canceled credit card or got money using a credit card without the owner’s knowledge or consent, the evidence could be damning.
But don’t lose hope! With a good credit card fraud lawyer, you can still secure a positive outcome. A good criminal defence lawyer could find the evidence weak and ask that charges be dropped. He can also negotiate with the prosecution before the case goes to trial.
Working with a criminal defence lawyer to fight credit card fraud charges is your best step forward.
Start looking for the best credit card fraud attorney today by filling out our free online comparison form!
How Defence Attorneys fight Credit Card Fraud Charges
Based on the Criminal Code of Canada, Credit Card Fraud is an indictable offence that carries an imprisonment term of not more than 10 years or 2 years’ maximum jail time for a summary conviction.
Criminal defense attorneys can defend you against charges of credit card fraud in Canada. Below are the steps they take to defend you:
- Plan and organize a strong defence against the prosecution’s case;
- Identify the weak aspects of the case filed against you and take advantage of them;
- Do their best to get the charges dropped or negotiate the best possible outcome.
For any credit card fraud case, the Crown must prove the fraud beyond a reasonable doubt.
A criminal defence lawyer will challenge the evidence presented by the prosecution.
Some factors that criminal defence lawyers can use for your defence include:
- The evidence against you is weak;
- You had no intention to commit fraud;
- You are willing to provide restitution;
- Lack of criminal history.
- Lack of intention to defraud.
Keep in mind that the prosecution will not drop charges against you simply because you ask them nicely.
Only a criminal defence lawyer with knowledge of the law, experience with fraud cases, and expertise in litigation and negotiation can get charges withdrawn or reduced. If not, he could negotiate a settlement or mitigate penalties.
Our partners in Jurigo have defended many clients from all across Canada from charges of credit card fraud.
Get the legal representation you deserve by filling out our short online form today at no cost or obligation.
What happens if you are convicted of credit card fraud in Canada?
An individual convicted of credit card fraud can face penalties based on whether he or she was charged with a summary or indictable offence.
Indictable offences are more serious than summary offences. Thus, they have stiffer penalties and longer jail time.
Credit card fraud is considered a hybrid offence and the Crown can act on the basis of a summary or indictable offence.
Summary or Indictable Offence – How the Crown decides?
The Crown will consider the value of the losses when deciding whether the accused is charged with a summary or indictable offence.
For credit card fraud with losses below $5,000, the Crown may proceed on a summary basis.
If the amount of the losses is over $5,000, the Crown may decide to charge you by indictment.
This decision will significantly affect the manner by which the case is handled and the potential punishment to be given.
What are the penalties for credit card fraud in Canada?
- 10 years imprisonment for an indictable offence
- Two years less one day imprisonment or a fine of $5,000 fine for a summary offence
In serious cases, the Crown may seek the denial of bail and go after the maximum punishment. The Crown may also try to deny bail even for less serious cases.
And while the Court will not automatically impose the most severe sentence after conviction, it will result in a criminal record. The consequences of having a criminal record are serious with significant impact on a person’s ability to travel and work opportunities.
How much does a credit card fraud attorney charge?
Determining the cost of credit card fraud attorneys depends on factors such as the complexity of the case, the nature of the charges, etc.
Every case is different and lawyers charge different rates based on their experience, law firm, reputation, etc.
A criminal defence lawyer will discuss his legal fees during the initial meeting. Although lawyers can charge hourly rates, most of them bill on a block-fee or flat fee basis.
Lawyers that offer block fees or flat fees offer their clients the assurance that they can obtain legal advice throughout the case without added charges.
Lawyers will clearly set out the cost of his legal services in writing and indicate the schedule of payment.
You also need to be aware of any additional expenses related to your case such as court filing fees, expert witness fees, and other disbursements.
Would you like to compare credit card attorneys and their fees? Simply fill out the short online form on this page to receive FREE QUOTES.
Frequently asked Questions: Credit Card Fraud Lawyers in Canada
Being charged with credit card fraud is stressful and overwhelming especially if it is your first run-in with the law.
Below are frequently asked questions that can help you make the right decisions for your situation.
What is the difference between fraud and theft?
The primary difference between theft and fraud is the element of deceit. Both offences are criminal with the goal of enriching one’s self but fraud utilizes trickery and deception.
While theft involves the taking of a property without the owner’s consent to permanently deprive him of ownership, fraud involves manipulation to achieve personal gain by misleading the victim.
What is bail for credit card fraud?
A lot of people think that bail procedures in Canada are the same as in the United States where the accused must post a bond (a sum of money) to get bail. The procedure in Canada, however, is different.
Bail is when an accused is temporarily released while waiting for trial. He can be released with or without conditions. These conditions must be followed during their temporary freedom. Not everyone facing charges receives bail.
Is fraud for less than $5,000 a felony?
Fraud under $5,000 is a summary offence in Canada, particularly for first-time offenders. The maximum fine is $5,000 or imprisonment not more than 2 years less 1 day or both.
Can credit card fraud charges be reduced?
Yes, criminal defence lawyers can help you to obtain a not guilty verdict or obtain a reduced penalty. The goal is for you to avoid the maximum sentence.
How do I choose the right credit card fraud lawyer?
There are so many lawyers around you who offer legal services. Choosing the right credit card fraud lawyer to represent you is critical to obtain a favourable outcome.
Apart from comparing legal fees, you must also check on a lawyer’s experience in handling fraud cases, track record, reputation, and communication style with clients. You will want a lawyer who is available for consultation and will keep you updated on your case.
To compare credit card fraud lawyers, obtain FREE QUOTES using our short online form to save time and money.
Get advice from an ExperiencedCriminal Defence Lawyer
Are you facing credit card fraud charges? Your first step should be to get advice from an experienced criminal defence lawyer.
Fraud law in Canada is complex and ever-changing. To navigate it correctly and defend yourself, you need an experienced credit card fraud lawyer to assist you.
Our partners understand that you are overwhelmed and panicking due to the seriousness of your situation. They will be happy to educate you on your legal options and explain your rights. They are also ready to advocate aggressively on your behalf!
The ultimate goal of a criminal defence lawyer is to defend your freedom. Find the best credit card fraud attorney to prepare your defence!
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