It’s a time when anybody who is accused of this type of fraud would feel very worried. There will be concerns about what the outcome might be, and whether if a conviction will be made and time will need to be spent imprisoned.
Will your name be tarnished, your career left in tatters, despite you not having been involved in a crime. If you did have some involvement, then you’ll still want the best possible outcome from the case.
As soon as you find out that you’re being investigated or are being charged with this crime, it’s vital that you seek competent legal advice from experienced credit card fraud solicitors. By selecting fraud lawyers who have experience and specialist expertise in bank and card fraud cases, you may even be able to get your case dismissed before it progresses to the court stage.
Have you been charged with or arrested for Credit Card Fraud?
Being charged or arrested in connection with a credit card fraud case can be very frightening. You’ll no doubt be feeling very worried, anxious and nervous about what may happen next.
If you haven’t had any involvement, but are being accused then it will be very important to you to get your name cleared. It’s critical that you get a competent fraud lawyer on your side to support you as quickly as possible. They may even be able to get the case dismissed before it reaches the court stage.
We’ve put together several questions that clients involved in a credit card fraud case typically ask. We aim to provide you with the best legal guidance and support to help you through this. If you have a question, and it’s not answered here, contact us on 0208 888 5225, and we will do what we can to provide you with an answer.
What type of actions are considered credit card fraud?
Here are some examples of the type of credit card fraud cases that may have led to the situation in hand.
- Debit card fraud – for instance, somebody may gain access to a person’s debit card and use it to access cash from an ATM.
- Skimming (cloning) – for example, the details about a card will be stolen, and the information that is held on the magnetic strip is ‘skimmed’ and used to create a duplicate card which can be used at leisure as the owner of the original card will be unaware.
- Internet fraud – an example of this might be when a person’s bank card is used online to make a purchase, and a hacker obtains the card details. In some cases, false merchant sites are established with the sole intention of getting people to use their cards so that funds can be accessed and details taken.
These are just a few examples of credit card fraud; there are several others. If you would like to know more about crimes that are categorised as credit card fraud or debit card fraud, you can always contact us for more information.
What happens in a credit card fraud investigation?
When a credit card fraud investigation takes place, the initial steps taken will be to establish who is responsible for the crime and how to recover the missing funds.
For those involved, it’s a time of worry and concern. Sleepless nights and anxiety are to be expected. Whether you’ve been involved in the perimeter of the crime or you’ve played a role that is the mastermind of a crime involving millions of pounds, your concerns are valid.
Each credit card fraud case is different and unique. No matter what your situation is, it’s vital that you seek the support of an experienced specialist credit card fraud solicitor to create a defence strategy as soon as possible.
Depending on your situation, a credit card fraud lawyer may even be able to get your case dismissed before it progresses to court.
You may have been falsely accused of credit card fraud
Often our clients are accused of being involved in a crime that they have played no part in. This may be true in your case. Perhaps you have the same name as somebody who is involved, or your identity has been stolen for the purpose of using it in credit card fraud.
In some cases, your bank account may have been used for fraudulent financial transactions and you were unaware of this until now. If this is in line with your situation, hiring a competent fraud solicitor is a must.
Without a lawyer, you cannot find out more until the interview
If you’ve been invited to attend the police station for an interview, we strongly advise you not to attend without taking an experienced credit card fraud lawyer with you. The police may tout the interview as being ‘a chat to understand what happened’ or ‘we want to hear your side of the story’. These are ways to get you into the police station for a recorded interview that may be used as evidence against you in the courtroom.
The police have extensive training in how to secure convictions. Using underhand tactics is something that is used on people who are unaware of the importance of engaging a lawyer for any communication that takes place between you and the police in an investigation.
Instruct a legal professional as soon as possible
To get the best protection against being convicted of a crime of this nature, it’s vital that you engage the services of a credit card fraud solicitor. They will be able to support you both legally and practically. They will provide you with what you should and shouldn’t be saying in any police interview.
The benefit of engaging a lawyer at this stage is that they can ask the police if they have further evidence that has not been disclosed. The lawyer can also gain access to the reasons why you have been detained or charged and can then use that to begin crafting a strong defence for you before the investigation progresses to the court stage.
What should you do if you get arrested or charged with credit card fraud?
Credit card fraud law is complex. The police are likely to want to interview you as the first step. Do not attend an interview without being accompanied by a fraud lawyer.
Hiring a credit card fraud solicitor will ensure that you have access to their experience and knowledge of cases just like yours. They will know if it’s possible to get your case dismissed or how they can secure you the best possible outcome.
You’ll enjoy the peace of mind that you don’t currently have. It’s important to make contact with a competent and skilled defence lawyer as fast as possible so that they can start crafting your defence immediately.
Can the police search my home?
The police will more than likely want to search your home. This process will begin when they request a search warrant from a judge or a magistrate. The search warrant will give them access to not only your home but also your telephone records, communications, bank statements, money transfers and they will also want to inspect and understand the source of any unexplained assets.
As part of their investigation, the police will want to take a good look at your connections, friends and family and may even put them under surveillance. They will also examine your social media accounts.
Could you go to prison for credit card fraud?
Credit card fraud is considered a serious offence and therefore punishment can be harsh. You’ll normally be given a prison sentence and may also be required to pay a large fine in addition to paying back what you defrauded from others.
Of course, this time can be very worrying for both yourself and your family. By engaging a competent fraud lawyer, you’ll have the support and advice of a professional to guide you. It’s possible that you could also have a restraint order applied to your bank account until the police and other agencies have completed their investigation. At that time there may also be a confiscation order used to reclaim the funds of those that have been defrauded.
It’s critical that you engage a reliable fraud lawyer who handles bank fraud and credit card fraud cases regularly.
What mitigating factors may be considered in sentencing?
Credit card fraud sentencing involves the consideration of a number of factors. The judge will look at whether you were involved with others in a conspiracy to defraud and how much loss and deceit took place. Typically, the court will want to give you a sentence that deters you and others from getting involved in a crime of this nature again.
What type of sentence could you get for credit card fraud?
A credit card fraud case that goes to court and results in a conviction will attract a sentence based on the circumstances. If the fraud was a small sum of money and without substantial organisation and sophistication, then sentence will be a non-custodial sentence.
If on the other hand you were accused of being involved with a group of people who manufacture machinery to use in global credit card scams, then the sentence will be of many years, up to a maximum of 7 if the prosecution is under the theft act 1968 or a maximum of 10 if the prosecution is under the fraud act 2006. Read more information about sentencing for Credit Card Fraud
Does a conviction for credit card fraud go on your criminal record?
If your credit card fraud case reaches court and you are convicted as being guilty, your conviction will be listed on your CRB / police record. The period of the endorsement will depend on the nature and the length of your sentence.
How Can Stuart Miller Solicitors Help?
The fraud lawyers at Stuart Miller have defended those accused of credit card fraud at all levels. No matter what role you played in a credit card fraud case, Stuart Miller Solicitors have substantial expertise in understanding your case, your circumstances and the ways in which the prosecution will seek to prosecute you.
Owing to daily handling of Fraud cases, our fraud solicitors have the very best barristers and QCs to choose from. We can instruct international agents to make enquiries abroad; we can engage financial experts to analyse the trail of funds, we can work with telephony experts and computer evidence evaluation experts to build your defence case.
Our reputation is very important to us but we at Stuart Miller Solicitors also rely on past notable cases to speak of our remarkable abilities in this field.
When should you discuss your case with an expert credit card fraud solicitor?
In any legal case, early action is pivotal to increasing the chances of success. In cases of this nature, you will require specialist advice at every step. If you have been served with a restraint order, you have had cash seized or your money confiscated; rest assured our fraud lawyers will advise you on all aspects of the fraud investigation or prosecution.
Whether you are facing allegations of fraud by false representation, fraud by failing to disclose information, making or supplying articles for use in fraud or on the larger end of the spectrum, for conspiracy to defraud or money laundering; please contact us and ask to speak to our fraud solicitors.
Would you like to discuss your case before instructing us?
If you’d like to have a no-obligation chat with us before you instruct us to take your case, then contact us today.
Please contact our fraud solicitors to arrange your meeting, whether face to face, online or by telephone. If you prefer, you can also send us a WhatsApp message using the link on this page.