What to Do if You’re Charged with Fraud: Legal Steps You Must Take

Jun, 2025

Being charged with fraud in Canada can be overwhelming—and the consequences are serious. From fines and criminal records to potential jail time, fraud offences require immediate attention and a strong legal strategy. Whether you’ve been accused of credit card fraud, insurance fraud, or any form of deceptive conduct under the Criminal Code, understanding your rights is critical.

At Rashidy & Associates, our Toronto criminal defence team —led by Mohamed El Rashidy, an experienced trial lawyer fluent in Arabic and French—provides strong legal support for individuals facing fraud charges. We help clients across the GTA navigate the legal system with confidence and clarity.

Understanding Fraud Charges in Canada

Fraud is broadly defined under Section 380 of the Criminal Code of Canada as any act of deceit, falsehood, or other fraudulent means intended to deprive another person of property, money, or a service.

There are two main types of fraud charges:

• Fraud under $5,000: Considered less serious, but still carries penalties including fines, probation, or up to 2 years in jail.
• Fraud over $5,000: A more serious offence that may lead to indictable charges and sentences of up to 14 years in prison.

Fraud charges can involve complex evidence—financial records, digital data, witness testimony—and are often aggressively prosecuted. That’s why early legal intervention is so important.

Immediate Steps to Take After Being Charged with Fraud Offences

If you’re charged or under investigation for fraud, taking the right steps early on can significantly affect your outcome:

1. Do Not Speak to Police Without a Lawyer Present
   Anything you say can be used against you. Politely decline to answer questions until you’ve spoken with a lawyer.
2. Hire an Experienced Criminal Defence Lawyer Immediately
   Fraud cases are technical. Having a lawyer who understands the financial and procedural aspects of fraud law is crucial.
3. Preserve Evidence and Documentation
   Collect bank statements, contracts, emails, or any records that may support your defence. Your lawyer can help assess what’s relevant.
4. Follow Bail Conditions Strictly
   If released on bail, comply fully with all conditions. Any breach could hurt your credibility in court and lead to re-arrest.

Building Your Defense: Fraud Charges Key Considerations

The defence strategy in a fraud case will depend on the facts and nature of the allegations. Some common legal defences include:

• Lack of Intent: Prosecutors must prove you intended to defraud someone. If it was an honest mistake or misunderstanding, this may be a valid defence.
• Insufficient Evidence: The Crown must prove the charge beyond a reasonable doubt. Weak or circumstantial evidence may not meet that standard.
• Identity Issues: In some digital or online fraud cases, proving the accused’s identity as the perpetrator can be difficult.

A strong defence often requires reviewing thousands of documents and engaging forensic accountants or expert witnesses. At Rashidy & Associates, we have the resources to investigate complex fraud allegations thoroughly.

The Role of Legal Representation in Fraud Cases

Fraud offences are serious, and the stakes are high. A skilled lawyer can:

• Negotiate with the Crown to seek withdrawal or reduction of charges
• Challenge the admissibility of evidence gathered unlawfully
• Help you avoid jail through diversion programs or plea arrangements
• Represent you at trial with clear, persuasive legal arguments

Mohamed El Rashidy and our team are committed to protecting your rights at every stage. We also ensure that language and cultural differences are never a barrier. We provide legal support in Arabic, French, and English to help clients feel fully understood and informed.

Facing Fraud Charges? Take Action Today

Fraud charges don’t have to define your future. With the right legal strategy, many people charged with fraud can avoid a criminal record or reduce the long-term impact on their lives.

If you or a loved one has been charged, contact Rashidy & Associates today. We’ll assess your case and guide you through your legal options.