Fraud, Dishonesty & Identity
Theft Lawyers Melbourne
Expert Criminal Defence Lawyers for Fraud, Dishonesty & Identity Theft Charges in Victoria
It is illegal to pose as someone else, lie to a legal body, or obtain property by deception
These offences can incur serious penalties, ranging from fines to terms of imprisonment, so it is important you access quality legal advice
We can represent you in both the Magistrates’ and County Court where fraud, dishonesty and identity theft cases are heard, with an experienced identity theft lawyer on your side.
Understanding the Legal Process for Fraud Cases in Melbourne
If you are facing a fraud, dishonesty or identity theft related charge, the following steps may ensue:
Police may interview an accused before laying charges. Information provided to police at the interview stage can be important. Contact fraud lawyers Melbourne or experienced criminal lawyers from the very beginning for guidance.
Police may have a warrant to search your home or work, including information on your, or your employees’ computers
If a charge proceeds, you will be asked to plead guilty or not guilty
A trial may be held and all evidence presented
If you are found guilty, the court must decide on a penalty. Penalties for fraud, dishonesty and identity theft offences can vary from fines to several years in prison
Expert legal advice at every step of this process ensures you are informed and prepared.Expert legal advice can help you prepare for a police interview if you are facing fraud charges. Our experienced criminal defence lawyers provide legal support and a free consultation to determine the best course moving forward.
Types of Fraud, Dishonesty & Identity Theft Offences
A very long list of offences come under the umbrella of fraud and dishonesty.
They range in severity, some being summary offences and others being indictable offences.
It is important to understand the exact offence you are being charged with and the possible penalties that may be imposed. Our experienced lawyers with a proven track record have represented clients through the criminal justice system to achieve the best outcome.
The seriousness of such offences may depend on factors including:
Your role and participation in the alleged offence
The value of any items/money involved
Whether any breach of trust took place
The duration of the alleged offending (how many days, weeks, months or years the offending occurred over)
Read the following descriptions for more information on specific crimes.If you are accused of identity theft, it is crucial to understand the legal implications and seek expert advice.
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Deception, as defined by section 81 of the Crimes Act 1958 (Vic), includes any false words or conduct as to fact or as to law, whether deliberate or reckless.
The elements of the offence of obtaining property by deception are described below. Like any criminal offence, all of the elements of the offence are required to be proven by the prosecution beyond reasonable doubt for the offence to be made out.
They are:
The accused obtained property belonging to someone else
They did so with the intention of permanently depriving the owner of their property
They used deceit to do so
The accused knew they were acting dishonestly
Some examples of activity that may fall under this crime includes:
Stealing money from an employer by way of deceptive conduct, for example by issuing illegitimate refunds
Using a stolen credit card to purchase items or withdraw cash from an ATM
Defrauding investors by paying existing investors with funds collected from new investors
When disputing this charge, you may seek to arouse reasonable doubt as to the evidence that links the dishonesty and the obtaining of property. You may also present another explanation for what has happened. Our experienced team ensures a deep understanding of criminal law and dishonesty offences to provide the best outcome.
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Falsification of documents is listed under Section 83A of the Crimes Act 1958. It is intentionally using or making documents that you know are not of an honest and legal nature.
You may also be charged if you are found in possession of a machine designed or adapted for the intention of making a false document.
Some examples of such activity include:
Making or altering an ID to get into clubs
Having a machine that makes fake passports
Making a fake bank statement to get a loan
Maximum sentencing for this indictable offence is 10 years in prison, so it is extremely important to seek advice from an expert lawyer as soon as possible.
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Division 2AA of the Crimes Act 1958 (Vic) lays out all identity crimes in Victoria.
Legally, identification documentation refers to an item that contains or incorporates identification information and is capable of being used by a person to be, or pretend to be someone else real, made up, dead or alive.
Documents, or parts of documents that are illegal to falsified include:
A passport or passport number
A birth date, such as on a licence or passport
A licence or licence number
A voice print
An ABN
A digital signature
Making, using or supplying documents that you know may be used to commit an indictable offence holds a maximum sentence of 5 years imprisonment.
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False Accounting
Falsification of Documents
False Statements by Company Directors
Suppression of Documents
Blackmail
Obtaining Property by Deception
Obtaining Financial Advantage by Deception
Destruction of Evidence
Tax Evasion Unauthorised Access to or Modification of Restricted Data Money Laundering
FAQS
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If accused of fraud in Melbourne, it's crucial to seek legal advice immediately. A qualified fraud lawyer can help you understand the charges, gather evidence, and develop a defense strategy. Avoid making statements to the police without legal representation to protect your rights.
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Fraud cases in Melbourne can be resolved through negotiations, plea bargains, or trials. The outcome depends on the evidence, the severity of the offence, and the defense strategy. An experienced lawyer can guide you through the process and work towards a favorable resolution.
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Penalties for fraud offences in Victoria vary based on the severity and nature of the crime. They can range from fines and community service to imprisonment. Legal representation is essential to potentially mitigate these penalties.
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Yes, a skilled fraud lawyer can negotiate with prosecutors to potentially reduce charges or sentences. They can present mitigating factors and argue for alternative sentencing options, depending on the specifics of your case.
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Common fraud offences in Melbourne include identity theft, credit card fraud, and obtaining property by deception. Each type has specific legal definitions and consequences, which a knowledgeable lawyer can help you navigate.
Need a Criminal Lawyer in Melbourne for a Fraud, Dishonesty, Identity Theft or Related Offence?
Simply contact JDA Law on (03) 9781 4900 to receive expertised advice 24/7 in relation to all Fraud, Dishonesty, Identity Theft or Related Offences.
In addition to fraud matters, we provide advice and representation in criminal defence, bail applications, drink driving charges, traffic offences, sexual assault allegations, assault defence, family violence issues, burglary and robbery cases, drug offences, murder charges, and criminal appeals, ensuring a strong defence no matter the situation.