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If you are reading this article about fraud and sentencing then we assume you already have a solicitor. But if you don’t, we advise you to pick up the phone right now and call us. We have specialists fraud solicitors and your best defence is not trying to do things yourself.
With that being said, here are some ways a good solicitor can mitigate or reduce sentencing in fraud cases. The nature of the fraud, what your involvement was and whether it was carried out, are all things that will dictate the emphasis placed on the defence; all of these seven strategies rely on first-class research and detailed planning.
There are sentencing guidelines that judges use for fraud cases. A solicitor’s job is to know what these guidelines are and present the case to the judge that increases the possibility of issuing a lesser sentence than the guidelines indicate.
What has been the most lenient sentence for a case similar to yours? It is logical that if a fraud case with similar circumstances can be found with a lesser sentence, it can be used in your defence.
What’s different in your case? There may be facts that are so unique with your fraud case that the judge cannot compare it to another. This is especially relevant where a long sentence would ‘normally’ be imposed. A solicitor will do everything they can so you don’t have a normal sentence imposed!
Good character. It sounds like an antiquated and outdated term. But showing your involvement in fraud is totally out of character, and ideally that you have never been involved in criminal activity, will help your defence.
No individual was hurt by your fraudulent actions. If the fraud was against a company or institution and no person lost out, this may help your case. Often insurance companies cover any losses and it can be argued the crime was “victimless.”
Are you a good person? This is something that many solicitors don’t do enough work on. Preparing evidence about what you do for your family, your community or any good causes you work with can affect the sentence you get. If your absence is going to affect others, that’s a good reason to ask the judge for a lesser sentence.
Who’s judging your case? Doing the research as to the judge, the prosecutor, the public interest in your case etc. is also part of the defence strategy. The more you know about the team you are up against and how they will attack, the more you can defend at the right time and in the right way.
Get a great fraud solicitor
These are not the only ways that a defence solicitor can help reduce your sentence. But it is a good checklist for anyone that is facing a fraud charge.
If a solicitor doesn’t do all these basic things then you do have to consider if you have the right legal defence. When it comes down to it, your liberty and freedom are too valuable to be trusted to someone who approaches a case casually.
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Before you get distracted we recommend you put this 24/7 telephone number 0333 009 6275 in your mobile phone contacts under Solicitors – you never know when you may need us.