Criminal Attorney Defense Donte Wyatt ESQ

 
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Fraud

Donte T Wyatt - 

  • If you are a victim of fraud you need a criminal attorney that can help. 

 

Fraud

In the area of theft there are several subcategories that involves various forms of theft. Among the various subcategories is the Fraud. Under California Law a person that commits theft by fraud can be charged under the general Theft Statues, Penal Code section pc484 and or pc487 or under one of the specialty subdivisions specifically for the various forms of fraud such as identity theft etc.

fraud

In general theft by Fraud or False Pretense is accomplished when a person obtains property, money or goods by deceit. This can be accomplished in a variety of ways. First a person can misrepresent who they are and use the identifying information of another. (identity theft). A person can misrepresent collateral information such as where they are employed, there income or additional information that can be used to persuade a person or a company to extend them credit.

In addition, a person can defraud another by misrepresenting facts regarding a particular transaction. The charged person can lie about a substantial fact or omit a substantial fact that causes the other person to enter into the transaction because of their belief in the false information or their failure to know about the omission.

In order to defend against a theft case based on fraud the experienced criminal defense attorney must establish that the conduct of the charged person did not amount to a fraud. Clearly is a person is using the personal identifying information of another that will be difficult. However, when the fraud is based on a statement or omission the prosecuter would have to prove that the statement or ommission was actually made (it may be simply the word of one person against the word of the other.) Next the prosecutor would have to prove that the statement was false or misleading and or that the ommission was of information the charged person was required to provide.

On rare occasion there is an issue of identification. This generally occurs when transaction occur in a retail setting and were not known to be fraudulent at the time to the transaction.


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 Donte T Wyatt ESQ

   619-807-9505

1010 Second Ave
Ste # 1020
San Diego, CA, 92101

Donte@dontewyatt.com

   

 
 
 

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