The modern world is incredibly dependent on digital communications, and every day, millions of Americans use the internet or the “wire” to conduct business in countless ways. Unfortunately, some people use digital technology to victimize others or engage in fraudulent activities for personal gain. Wire fraud occurs whenever a party knowingly and intentionally uses digital methods to cheat someone else out of their money or property.
If you or a loved one is charged with wire fraud in Nashville, TN, your case likely involves multiple other criminal charges. Wire fraud is commonly prosecuted as part of a more significant white-collar crime or organized crime case. Depending on the scope of your offense, your case could be tried in federal court and pose much harsher penalties than you would likely face at the state level. Ultimately, no matter what your wire fraud case entails, you need defense representation you can trust.
The US Constitution guarantees various rights to Americans charged with criminal offenses. The first is the Fifth Amendment’s protection against self-incrimination, which provides the right to remain silent during arrest and booking. The second is the Sixth Amendment’s guarantee of legal counsel, even to those who cannot afford to hire attorneys or do not wish to incur the cost of hiring private defense counsel. The court can appoint a public defender to represent a defendant in this situation, and sticking with a public defender may seem like an excellent way to save money on legal costs when you have been charged with wire fraud in Nashville.
Working with an experienced Nashville wire fraud attorney can offer a much higher degree of legal representation than you could expect from even the best public defenders. While most public defenders do their best for every client they represent, they have demanding schedules that require them to manage multiple cases simultaneously. A private defense attorney can provide more robust defense counsel and devote more personal attention to your case. When you choose McNally Law to represent you as your Nashville wire fraud attorney, we will help you address every facet of your case and guide you through your legal proceedings with close attention to detail and aggressively defend your rights.
The term “wire fraud” is relatively broad and generally applies to any intentional fraud committed over the internet or using digital technology. Wire fraud is often related to other criminal offenses such as identity theft, money laundering, credit card fraud, and more. If you have been charged with wire fraud, the prosecutors handling your case are likely seeking a conviction on multiple charges. If your case involves any fraud against a government agency or government program, such as Medicare, your case will likely unfold at the federal level.
Wire fraud can also involve multiple defendants prosecuted simultaneously under the Racketeer Influenced and Corrupt Organizations (RICO) Act. If you and other defendants are all brought up on charges under the RICO Act, each of you could be prosecuted for felonies committed by other defendants. RICO cases are aggressively prosecuted, and law enforcement typically does not move to arrest targets of a RICO investigation until they believe they have airtight evidence that will guarantee a conviction. If you face prosecution under the RICO Act, you need a reliable defense attorney with solid experience pertaining to RICO cases.
The penalties for wire fraud conviction hinge on several factors, including the scope of the fraudulent activity, the amount stolen through this activity, and the target or targets of the activity. Some wire fraud charges can lead to prison sentences in excess of 20 years, but at the very least, the defendant should expect to face heavy fines, restitution to victims, and incarceration. If your wire fraud charge is just one element of a broader criminal case, your potential penalties can escalate dramatically.
Wire fraud is almost always prosecuted as a federal crime due to the many federal statutes designed to prevent wire fraud. Additionally, wire fraud often requires data transmission across state and international lines. Some of the largest criminal cases ever prosecuted in the United States included wire fraud charges. When any criminal case is prosecuted at the federal level, the potential penalties the defendant faces are likely to be substantially worse than a criminal case prosecuted at the state level.
Hiring the right Nashville wire fraud lawyer to represent your defense is crucial if you want the best chance of avoiding the worst possible penalties your case could impose upon conviction. The burden of proof in any criminal case rests with the prosecution, meaning the prosecutors handling your wire fraud case must prove your guilt beyond a reasonable doubt. It’s your defense attorney’s job to prevent this from happening.
When you choose McNally Law to represent you in a wire fraud case, we will start compiling your defense by carefully reviewing the details of your charges and determining if there are any affirmative defenses available to you. For example, fraud requires intent to deceive the victim, so proving lack of intent or lack of knowledge that your activity was illegal could potentially be enough to solidify your defense. On the other hand, suppose affirmative defenses such as these aren’t available in your case. In that case, your Nashville wire fraud lawyer will closely examine the handling of your case to determine if due process or your rights were violated in any way.
The prosecutor must obtain their evidence legally, and your defense attorney may seek to challenge the admissibility or legality of their presented evidence. Your attorney will also cross-examine the prosecution’s witnesses and help you obtain any available exculpatory evidence that might work in your favor.
Ultimately, wire fraud cases are highly complex and often involve several criminal charges prosecuted in federal court. Attorney Patrick McNally and the team at McNally Law understand the seriousness of your situation. They can provide the aggressive defense you need to approach your wire fraud case with confidence and understanding. The sooner you secure defense counsel, the better positioned you will be to fight the charges against you. Contact McNally Law today to schedule a consultation with an experienced Nashville wire fraud attorney and find out how to help with your defense.