You need a mortgage fraud attorney if you’ve been accused of mortgage fraud. Your attorney will be by your side to try and defend you and build a case to get you the best outcome possible if you’re charged. If you didn’t commit mortgage fraud, then they’ll do everything within their power to prove this fact.
Ask a Mortgage Fraud Attorney: What Happens When You’re Accused of Mortgage Fraud?
1. There’s an Investigation
Before the police can arrest you for mortgage fraud, they need to have a reason to believe you actually committed the crime. At this stage, you may not know that you’ve been accused at all, but if you do know that you’re under investigation, then you need to get yourself a lawyer.
There’s a good chance you’ll find out that you’re being investigated, as the police may need to contact you, so they can investigate their case effectively. They may obtain a warrant to search your property, acquire certain documents to further investigate you, and so on.
2. You Contact an Attorney
Start looking for an attorney as soon as you discover you’re being investigated for mortgage fraud. Don’t wait until you’ve been arrested. Get an attorney involved and be honest with them about what you’ve done or what you believe may have led to this investigation. If you did commit mortgage fraud, then you need to let your attorney know. If you didn’t commit mortgage fraud, then let the know what might be going on that would lead to a false charge.
Visit this page to learn more about mortgage fraud and get in contact with attorneys who may be able to help you. Once you’ve got an attorney on your side, make sure you detail everything that happened with the investigators, give your attorney the names of the other people involved in the mortgage transaction, and do everything you can to deal with this situation.
3. You Start Working with Your Attorney
Once your attorney agrees to take on your case, they may do an investigation of their own. They may attempt to gather evidence proving that you didn’t commit any crime, that you unknowingly committed fraud, that you were framed, or that somebody else in the transaction committed fraud that you knew nothing about.
If you knowingly committed mortgage fraud, then your attorney will still attempt to come up with a defense strategy for you. Your attorney will be working very hard at this stage to prevent arrest if possible. If an arrest is inevitable, then your attorney will likely give you a lot of advice about what to do once it happens.
4. There May Be an Arrest
If the police find probable cause to arrest you for mortgage fraud and your attorney can not yet dispute their evidence, then you may be arrested. This doesn’t mean it’s the end of the line; your attorney will still be working hard to help you, and you should never speak to the police without them present.
Anything you say could incriminate you, even if you’re innocent. Be careful, remain as calm as possible, and make sure you listen to your attorney during this time.
5. Charging and Plea
Shortly after the arrest, you’ll attend an arraignment trial where your formal charges will be announced and where you’ll get to plead guilty or not guilty to the crime. Your attorney will advise you on which way you should plead.
Your attorney may advise you to plead not guilty at the arraignment trial so they can have more time to prepare a case to help you get a lesser penalty or have the charges dropped, depending on the situation. Bail will generally be set so you can leave police custody while you await your trial.
6. Plea Bargaining and Pre-Trial Hearings
You’ll have to attend pre-trial hearings and conferences where your attorney will work hard dissecting the prosecutor’s case and building your defense case. Your attorney may work out a plea bargain with the prosecutor, and if they believe you should take this bargain, then they’ll discuss it with you.
7. Trial and Verdict
During your trial, both sides will present their cases before a judge and jury. Your attorney will defend you to the best of their ability, and once the trial is complete, the jury will deliberate. The jury’s verdict must be unanimous. If they believe you’re not guilty, then you’re free to go. If they believe you’re guilty, then the judge will move on to sentencing. You and your attorney may also appeal the verdict.
If you’ve been you’re being investigated for mortgage fraud, then it’s of utmost importance that you contact an attorney straight away. Your attorney will defend you regardless of whether you did or didn’t commit the crime, and they’ll do everything they can to get the best outcome possible for you.