Identify the exact fraud charge
Section 380(1) addresses fraud involving deceit, falsehood or other fraudulent means. Paragraph 380(1)(b) applies where the value of the subject matter does not exceed $5,000 and provides for a summary route. Fraud over $5,000 and other fraud-related offences require separate assessment; a small transaction does not establish the legal classification by itself. Read section 380.
Review the transaction in context
For a consultation, identify the transaction, the amount alleged and which records exist. Once the appropriate intake process is confirmed, relevant material may include receipts, bank or payment records, messages, refund documentation and account access information. Do not change records or ask someone to alter their account. We examine the evidence rather than treating the charge as proof of guilt.
Understand the criminal process and proposed options
After retention, we can review disclosure and discuss evidentiary issues and the steps covered by the retainer. If a resolution is proposed, ask what will happen to every charge and what obligations it involves. The Ontario Court of Justice distinguishes different routes to resolution; none is guaranteed by the amount in dispute. Read the court’s process guide.
Arrange representation and clear fees
Bring the charge document and any related theft or possession allegation. We check the subsection, Crown election, related charges and permitted scope before agreeing to act. The consultation is an opportunity to discuss disclosure work, negotiations, appearances or trial preparation, with scope and fees confirmed in writing.
Common questions
Is a dispute over money automatically criminal fraud?
The circumstances and legal elements require assessment. Provide the actual charge and transaction records; a label used by another person is not a determination of guilt.
Does paying the money back guarantee withdrawal?
No outcome should be assumed. Obtain advice about a proposed repayment, any admission requested and its relationship to the criminal proceeding.
Is fraud under $5,000 the same as theft under $5,000?
They are different offences with different statutory provisions. FLS checks the exact charge before advising on an eligible matter.