A fraud accusation can threaten your freedom, business, professional license, and reputation. Investigators may treat a disputed transaction, account access, or a missing payment as proof of dishonesty before reviewing the full record. You need a defense that explains what happened and tests whether the prosecution can prove the charged offense.
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Let us review the case before you make statements, accept an agreement, or miss a deadline. Bring the charging documents, subpoenas, contracts, and financial records. We can explain the defense options and discuss retaining our team to represent you.
Call or text 305-644-1800 for a free strategy session with Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers, at 1815 NW 7th Street, Miami, FL 33125.
Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers represents people accused of fraud and related financial crimes. Call or text 305-644-1800 for a free strategy session. We can review the accusation, identify records worth preserving, and discuss hiring our team to defend you.
We serve clients in Miami, Miami Beach, Hialeah, Doral, Coral Gables, Homestead, and other Miami-Dade communities. Early representation matters when detectives request an interview, a bank freezes an account, or a business receives a subpoena. You don’t have to wait for an arrest to seek advice.
Represented since 1987
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Fraud is not one universal charge. The statute determines the required conduct, intent, knowledge, authorization, and financial threshold. A failed business deal or unpaid debt does not by itself prove criminal fraud. Conversely, describing a transaction as a civil dispute does not prevent prosecution when the evidence establishes a crime.
Under Florida Statute 817.034, organized fraud concerns an ongoing scheme to defraud through which property is obtained. Communications fraud addresses communications made to obtain property in furtherance of a scheme. A completed financial loss is not required for every fraud-related offense.
The defense should identify the alleged false statement, who made it, what that person knew, and how the evidence connects the accused to the transaction. An account number, signature, or job title can be relevant without answering those questions by itself.
Organized fraud and communications fraud
These charges may involve sales representations, investment promises, online transactions, or a series of payments. We examine whether the evidence establishes a scheme, the client’s participation and intent, and the value properly attributable to the alleged conduct.
Identity information allegations
Florida Statute 817.568 addresses fraudulent use of another person’s identifying information and specified possession with fraudulent intent. Permission, knowledge, actual account access, and digital attribution can be central. Some enhanced forms carry mandatory prison terms, making the exact subsection especially important.
Forgery and use of a forged document
Florida Statute 831.01 covers specified false or altered documents made with intent to injure or defraud. Florida Statute 831.02 addresses passing or presenting specified false documents with the required knowledge and intent. Receiving a document from someone else does not automatically establish that you knew it was forged.
Other financial allegations
Check transactions, credit-card allegations, false invoices, employee-related transactions, loan applications, and payment disputes require attention to the statute actually charged. Insurance, health-care, and mortgage allegations have additional requirements and may involve federal law. We do not assume that one fraud statute covers every financial dispute.
Organized fraud under Florida Statute 817.034 is a third-degree felony below $20,000, a second-degree felony from $20,000 to less than $50,000, and a first-degree felony at $50,000 or more. Qualifying amounts within one scheme are aggregated. Communications fraud uses different thresholds and can be a misdemeanor or felony.
Ordinary statutory maximum prison terms under Florida Statute 775.082 are five years for a third-degree felony, 15 years for a second-degree felony, and 30 years for a first-degree felony unless a different rule applies. A first-degree misdemeanor can carry up to one year in jail.
Under Florida Statute 775.083, ordinary maximum fines include $1,000 for a first-degree misdemeanor, $5,000 for a third-degree felony, and $10,000 for a first- or second-degree felony. The law can authorize higher fines based on gain, loss, or another provision. These figures are not predictions of a sentence.
Sentencing scores, prior convictions, separate counts, loss findings, and mandatory-minimum provisions can change the actual exposure. Courts may order restitution under Florida Statute 775.089. Probation, court costs, asset restraints, and forfeiture issues may also arise. Repaying money does not automatically dismiss a charge.
An accusation or conviction can affect employment, financial licenses, professional discipline, and immigration. Before accepting a plea, a noncitizen should obtain coordinated criminal defense and immigration advice about the precise proposed disposition.
A case involving electronic communications, banking, federal benefits, or activity across jurisdictions may raise federal charges. Wire fraud under 18 U.S.C. 1343 involves a qualifying scheme and interstate or foreign wire communications used to advance it. The Department of Justice discussion of wire fraud describes the role of those communications. Not every email or disputed payment establishes the offense.
Federal and Florida charges have different elements, sentencing rules, and procedures. We review the indictment or investigative demand, the alleged money trail, and the client’s actual role. A subpoena, search warrant, or proposed interview should be addressed promptly rather than treated as an informal request to explain everything.
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We review contracts, approvals, messages, refunds, business practices, and the timing of representations. A documented good-faith belief, permission, or accounting mistake may challenge the required criminal intent. We assess explanations against the complete record rather than rely on a label such as misunderstanding.
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Shared devices, compromised credentials, delegated account access, and copied signatures can produce misleading attribution. We examine access logs, transaction histories, original documents, and witness accounts. A device address or account login must be interpreted in context.
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We compare the claimed amount with actual transfers, returned funds, duplicate entries, legitimate services, and the charged statutory measure. Refunds do not always erase an offense or reduce its degree. We also examine whether separate counts punish distinct conduct and whether the prosecution has attributed another person’s acts to the client.
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We review warrants, searches, consent, subpoena scope, and interviews. When the law and facts support it, we seek exclusion of unlawfully obtained evidence or statements. Digital records also require careful review of authenticity, completeness, and how they were collected.
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We assess whether dismissal, a reduced charge, diversion, a supported restitution agreement, or trial is the appropriate path. Eligibility and outcomes depend on the charge, evidence, record, and decision-makers. We explain the consequences before you decide whether to accept a plea.
Preserve contracts, emails, invoices, receipts, bank records, and original electronic files. Don’t delete messages, alter accounting records, create backdated documents, or ask witnesses to coordinate a story. Do not contact a complaining witness in violation of a court order.
You can decline investigative questions and ask to consult an attorney before answering. Do not lie or obstruct, and comply with legal obligations that apply to the encounter. Miranda protections concern custodial interrogation, while the Sixth Amendment right to counsel generally attaches after formal criminal proceedings begin. A request for counsel does not guarantee a lawyer’s immediate presence during every encounter or excuse a subpoena deadline.
Bring legal demands to us promptly. Our team can communicate through the proper channels and help you avoid unnecessary statements while meeting lawful obligations.
Young people can face allegations involving online purchases, another person’s account, payment apps, or altered documents. The child’s age, intent, permission, and actual involvement still require investigation. An accusation should not be treated as proof that a teenager knowingly joined a scheme.
For qualifying misdemeanor allegations, Florida Statute 985.12 provides a framework for prearrest delinquency citation programs with local eligibility criteria. It does not make felony organized fraud automatically eligible. We evaluate other diversion options separately and consider school, family, restitution, and record consequences.
Some juveniles can face adult prosecution under Florida Statute 985.557, depending on age and statutory conditions. We review that risk early. Parents should preserve devices and records, avoid public discussions, and consult counsel before a child gives an investigative statement. Juvenile confidentiality does not mean every record is automatically erased.
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Counsel reviews the allegations and seeks appropriate release conditions. Follow every bond and no-contact order. A condition restricting accounts or business activity should be addressed through the court, not ignored.
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The prosecutor may file different charges from the arrest report. We obtain the records, identify gaps, and investigate the defense. Financial cases often require organizing large amounts of material into a reliable chronology.
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We prepare supported motions and evaluate negotiation or trial. Where permissible and with prior court approval, we can seek to handle suitable matters without your personal attendance and prepare written authorities or affidavits when needed. Do not miss court unless excused.
Albert Quirantes has practiced criminal defense for more than 35 years, represented more than 8,000 clients, and handled numerous jury trials. Our firm has over 1,400 five-star Google reviews and serves clients in English and Spanish.
The team includes Stephen Millan, former Miami-Dade Circuit Court judge and prosecutor; Arthur Spiegel, former prosecutor and public defender; bilingual attorney Jorge E. Alonso; and criminal defense trial lawyer Jonathan Ibañez. We bring courtroom experience and careful analysis of financial and digital records to the defense of fraud cases.
Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers is located at 1815 NW 7th Street, Miami, FL 33125. At your free strategy session, we can discuss the accusation, immediate priorities, and the scope of representation you need.
Yes, if the evidence establishes the charged crime. A broken promise or unpaid debt alone does not answer whether the required fraudulent intent existed. The communications and transaction history matter.
Not automatically. Restitution may matter in negotiations or sentencing, but it does not guarantee dismissal. Discuss the timing and wording of any payment agreement with counsel.
An account connection may prompt investigation, but the prosecution must prove the elements of the charged offense. We examine who had access, who acted, and what you knew.
No. The charge, loss, record, alleged conduct, and program rules affect eligibility. We assess available options without promising admission or dismissal.
Consult counsel before an investigative interview. A brief explanation can become evidence and may omit context that records would establish. We can help you choose an informed response.
Let us review the case before you make statements, accept an agreement, or miss a deadline. Bring the charging documents, subpoenas, contracts, and financial records. We can explain the defense options and discuss retaining our team to represent you.
Call or text 305-644-1800 for a free strategy session with Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers, at 1815 NW 7th Street, Miami, FL 33125.