If you’re charged with mail fraud, talk to a lawyer as soon as possible.

Mail fraud is a serious crime with heavy penalties, including jail time, fines, probation, and restitution for victims. A lawyer will explain the legal process, help you understand your options, advocate for you, and may be able to help minimize the penalties you face.

Avoid Speaking to Investigators Alone

Investigators might make it seem like they have your best interests at heart, but their goal is to prove you have committed a crime, not help you out. If you have been charged with a crime, you have a right to have a lawyer present when you are questioned. Your lawyer’s job is to ensure your rights are protected, and that you make informed decisions about sharing information that could harm your defense.

Intent Matters

The crime of mail fraud requires both the intent to defraud, and the act of using the mail to defraud. Investigators must establish both—intent and act—to successfully prosecute the crime.

The act of mail fraud may be done using the United States Post Office, UPS, FedEx, and other services. Physical evidence usually makes the act easier to prove than intent. Therefore, an effective defense that challenges the intent to defraud may include evidence that:

  • Establishes the services or products that were being sold,
  • Records collected and/or uncollected funds resulting from mailings, and/or
  • Shows attempted restitution or resolution for dissatisfied customers.

Pay Attention to Your Public Information

If you’ve been charged with mail fraud, be careful about your publicly available information. Specifically, think about your social media and other public posts before you make them. Avoid sharing information that might hurt your defense. Do not discuss an open investigation on any platform. If you find it difficult to refrain from sharing information about your situation, consider taking a complete break from social media and suspend or close your accounts until your legal issues have been resolved.

Get the Legal Help You Need

Your first priority after being charged with mail fraud should be to talk to an experienced criminal defense lawyer. Contact the Skinner Law Firm online today, or call our office at (610) 436-1410 to set up your free consultation and learn more.

Article Author

Michael J. Skinner, the founder of Skinner Law Firm LLC, is a former prosecutor with the Chester County District Attorney’s Office.

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