Fraud / Theft
Hopkins Law is a top Edmonton law firm. We are experienced lawyers who practice criminal defence at all levels of court. If you are charged with a criminal or regulatory offence, we will get you through the legal process by putting your interests first. We are your defence.
Fraud/Theft Lawyers – Edmonton & surrounding area
587-414-6851 *available 24/7
Hopkins Law – Criminal Lawyers
Edmonton: 11051 97 Street #101
Theft and fraud are two of the most common crimes. Sentences will depend on the facts of the case, and can range from small fines to years in jail. At Hopkins Law, we have experience litigating everything from simple shoplifting cases to complex, large-scale frauds. White-collar fraud charges can attract stiff sentences. If you are charged with a serious fraud, you need the help of an experienced lawyer right away.
Even if you are charged with a minor shoplifting offence, it is worth it to consult with a lawyer. Having a criminal record can effect your future work and travel plans. Hopkins Law can assist you to apply for the Alternative Measure Program (AMP), or request a Conditional Discharge in sentencing—both options can save you from a criminal record.
You have been charged with theft—what steps should you take?
Theft charges are split into two categories: theft over $5000 and theft under $5000. Both are potentially serious, but it is usually possible to resolve “theft under” charges without the risk of jail. When charged with theft under, your main concern is to avoid a criminal record. Ask your lawyer about the Alternative Measures Program. If you qualify for AMP, your charges will be withdrawn after you complete the program. AMP usually requires you to write an apology letter, donate to a charity, or do some community service work. The AMP program is an excellent way for you to avoid a criminal record.
“Theft over” charges usually relate to motor vehicle theft. If you are charged with theft over, there is a good chance that the Crown Prosecutor will be seeking jail time. If the police find you with stolen property, but there is no evidence that you actually stole it, you may be charged with the related offence of possessing stolen property.
For possession of stolen property offences, the prosecutor needs to prove two things: first, that the property was actually stolen, and second, that the accused knew the property was stolen. On both of these points, there are frequently issues with the admissibility of the Crown’s evidence. Consult with a lawyer to see if you have a potential defence.
The common law splits thefts into different categories, and some are more serious than others. For example, “theft from an employer” is much more serious than shoplifting. Stealing even a small amount of money from your employer can easily result in jail time—even for a first offence. This makes it all the more important to consult with a lawyer as soon as you are charged.
Common Questions:
You have been charged with fraud—what can you expect?
Like theft, fraud charges range in severity. Unlike theft, fraud charges can be extremely complicated. The Crown Prosecutor can prove fraud where money or a service is obtained by “deceit, falsehood or other fraudulent means.” This means that defending even simple fraud charges can require specialized legal knowledge of criminal evidence and procedure.
Large-scale white-collar frauds are usually handled by the Specialized Prosecutions Branch of Alberta Justice. Specialized prosecutors are highly experienced in fraud crime, and often rely on expert evidence from forensic accountants. There are usually thousands of technical documents to review when defending a fraud case. It is critical that you level the playing field by retaining an experienced fraud lawyer.
Am I eligible for the Alternative Measures Program?
AMP acceptance is always at the discretion of the Crown Prosecutor. However, you can increase your chance of acceptance by having your lawyer write a letter to the Crown, laying out your personal circumstances and the reasons you should be accepted into the program. Typically, AMP is only available for non-violent crimes that are relatively minor. It is rare that you will be eligible for AMP more than once. You should also ask your lawyer about the Mental Health Diversion program.
I’m not eligible for AMP—can I avoid a criminal record?
If you plead guilty to theft or fraud, it is possible to avoid a criminal record if you are sentenced to a Conditional Discharge. This is a special type of probation sentence that usually involves community service. If you successfully complete your period of probation, you will have no criminal record. However, the Judge will need very good reasons to impose a Conditional Discharge, so it is important to have a lawyer’s help.
I am charged with a serious white-collar fraud—what kind of defences are there?
Defences to fraud usually revolve around evidential issues—how can the Crown prove the fraud took place, how can they prove you were responsible, and is the evidence of fraud admissible? Your lawyer will need to carefully review the Crown’s disclosure before giving you an opinion on what defences are available.
Whether you are charged with a minor theft or a major fraud, Hopkins Law has the expertise you need. Put our knowledge of criminal evidence and procedure to use, and we will help you get the best results possible. No matter how serious your charges are, you will benefit from talking to one of our experienced lawyers. Book a free consultation today.
Fraud/Theft Lawyers – Edmonton & surrounding area
587-414-6851 *available 24/7
Hopkins Law – Criminal Lawyers
Edmonton: 11051 97 Street #101
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