To counter a mail fraud accusation
Attempting to defraud individuals or businesses in New York or anywhere else through the mail is a serious crime. Mail fraud carries a maximum fine of $1 million and a potential prison sentence of several decades. You may be able to get a charge like this reduced or even dropped by employing any number of possible defenses.
Discuss your situation with a criminal defense attorney in Syracuse.
No fraudulent intent was present.
If you did something illegal but didn’t mean to do it, you probably can’t be found guilty of it. As an example, if you’re accused of a crime, you might claim that you were tricked into sending a fake document that looked real. It’s also possible to claim that the letters were about legitimate business opportunities you were sending out to potential clients. It’s not illegal to approach a stranger on the street and ask for money to start a business.
You did not perpetrate mail fraud.
It’s true that sending a letter through the mail is often the most convenient method, but that’s not the only choice. By handing a document to the intended recipient, for instance. You could also give it to a person who isn’t a courier service employee, and they would take care of getting it to its destination.
To some extent, technicalities can be your ally.
To have charges dropped, you might argue that law enforcement officials went too far in their investigation. During a criminal investigation, law enforcement is limited in the strategies it can employ to gather evidence as a result of the Fourth Amendment, which prohibits the use of unreasonable searches and seizures. Because of the Fourth Amendment, there are constraints placed on the methods that law enforcement can use to gather evidence during an investigation into a criminal offense. You also have the option of arguing that you were not provided with sufficient notice of your rights or that you were pressured into giving a statement when an attorney was not present. Both of these are valid arguments. You can also say that you weren’t told enough about your rights or that you were forced to say something without a lawyer there.
The trial outcome may be more favorable if you contest the prosecution’s evidence. Suppressing evidence is another possibility, which would make it more difficult for prosecutors to pursue any other course of action besides dropping the mail fraud charge.