New York Check Fraud Investigations
There are a few different ways that an individual may discover that they are being investigated for check fraud. An individual’s employer may confront them, a friend or colleague may approach them, the police may reach out looking to talk, or the police may simply show up at your home or work and place you under arrest before you have any inkling that there is a criminal investigation under way.
To further understand the different ways that an individual may be investigated for check fraud in New York, it is important that they consult with an experienced lawyer as soon as possible. A fraud attorney can help an individual understand the circumstances surrounding their fraud investigation, how to best defend against any sort of potential allegation, and how to ensure that your many rights are protected and enforced along the way.Contact from Law Enforcement
Aside from being confronted by a colleague or employer, an individual may be contacted by the police. Law enforcement may claim that they are investigating some general fraud, may even claim that they think their suspect has been the victim of identity theft, or may use some other similar remark to convince the person to come and speak with them. When the police want to speak to an individual, it is often not to give the person a legitimate opportunity to explain themselves, apologize, or otherwise avoid prosecution and criminal charges. It is instead used as an attempt and opportunity by the police to get information out of the person in a less confrontation circumstance than after they’ve been charged, and often without the benefit or necessity of a lawyer for their defense.Use of Third Parties in Investigations
Any individual should be careful and cautious about being contacted by the police, especially given the prevalence and common practice of using tactics such as these. It doesn’t have to be law enforcement directly either. These same tactics can be employed by an employer or a colleague, either at the behest and in cooperation with law enforcement, or of their own volition. It may seem innocent at first, and you may think that the police or employer are trying to help you and give you an opportunity to explain yourself, but it is imperative to remember that anything an individual says can and be used against them. As soon as an individual suspects that they may be under investigation for a New York check fraud crime, they should inform the police that they want a lawyer, and should in fact contact that attorney as soon as possible.Severity of the Crime
Even at its lowest level, any sort of fake check or theft using a check is going to produce exposure to felony charges of various kinds. Whether or not the person is ultimately incarcerated, the person will face felonies that can derail their career and life. Depending on the crime and the particular circumstances of the case, an individual may face a sentence imposed by a judge that can range from a year a year and a third to 15 years in prison on certain felony charges.Benefit of an Attorney
Immediately, the accused individual is at a disadvantage. The prosecutors, judges, defense attorneys, and jury may all have been victims of identity theft at some point, so they may not be incredibly sympathetic to the accused individual. Law enforcement may not have much compassion either. Furthermore, these individuals are all vastly experienced in the intricacies of this area of law. Fighting the investigation for check fraud is often an uphill battle, especially if the person deposited checks in their bank account that can be easily tracked.
An individual needs to deal with these issues head on sooner rather than later, because every moment that an individual does not have legal counsel is a moment closer to conviction as law enforcement and the prosecution collect evidence, build a case, and do everything in their power to secure that conviction. An individual needs to consult with legal counsel immediately, otherwise they may be at risk for incarceration and a criminal record.
A felony is indelible. It has the power to cause both short and long term consequences in a person’s career and personal life. Due to the severity of the investigation process for a New York check fraud case, an individual should not hesitate before contacting an experienced lawyer.
Call the criminal defense attorneys and former Manhattan prosecutors at (212) 312-7129 or contact us online today.