Arrested Fraud Victims: Start here

Being arrested is miserable, embarrassing, frightening, and confusing.  We know it's hard for you to focus or to concentrate on anything at all.

We can help you and we can help your attorney mount an aggressive defense. 

In most situations, charges are dismissed once we provide your attorney with the tools that demonstrate to the DA that you are not the criminal who masterminded the scam.  On the contrary, you are the scam victim.

There's some work for you to do and the sooner you get through it the sooner we can help you and your attorney, whether you have a private criminal defense attorney or a public defender.

Read everything.  Everything is important.  WE CANNOT HELP YOU IF YOU DON'T PAY ATTENTION, read the material, follow instructions, and get back to us with the information only you can provide.

START HERE: Read everything carefully clear to the bottom of the page then click on the Instructions link which you will find at the bottom.  Don't skip anything or you will still be confused instead of goal-oriented.

Why was I arrested?

Coping with being arrested

Bill of Rights for victims of crime

Constitutional Rights

What Fraud Aid and your Defense Attorney do for you

Your job as a member of your defense team

I didn't do anything.  I didn't know.  Why was I arrested?

You have most likely been arrested for one of the following  common reasons ("checks" includes Traveler's checks):

• Merely presenting a counterfeit/stolen/forged document can lead to immediate arrest.  Financial institutions, postal employees, and money order issuing companies have been known to contact the authorities even if you only ask that the check or money order be verified.  Many banks and credit unions will refuse to verify a check or money order unless it is endorsed, deposited, and goes through the clearing house (inter-bank check exchange) system.

• You presented a counterfeit check to the bank on which it was drawn;

• You presented counterfeit money orders to the issuing company;

• You presented counterfeit checks or money orders to a check cashing store or casino;

• Stolen money was wired into your account and you wired it as instructed or you spent the money.

• You deposited counterfeit/stolen/forged checks or money orders in your account and when they were returned, the bank or credit union called law enforcement (this usually only occurs at small financial institutions).

• You owe a bank or other business for negotiating counterfeit checks or money orders and have failed to repay the debt or correspond with the creditor for several weeks or months.

• You used credit cards sent to you by a scammer.

• You forwarded merchandise that was shipped to you or that you were instructed to purchase using a credit card sent to you by a scammer.

Coping with being arrested

For most people, the experience of being arrested is extremely traumatic, confusing, and frightening.  It's difficult to maintain a cool head and to think logically even if this is not your first arrest.

The confusion does eventually go away, sometimes in just a few days.  The outrage hangs around for much longer, but eventually you will get that under control, too.

You don't eat or sleep.  NOT GOOD.  Neglecting food and water worsens your confusion and emotional distress.  Lack of sleep, well ... that just makes you useless all around from fatigue and the inability to concentrate, neither of which you can afford right now.

You have thoughts you are not used to thinking.  That's normal and will stop happening fairly soon.  You find yourself standing in the bedroom or in front of the open refrigerator wondering what on earth you are doing there.  That's normal and will stop happening fairly soon.

Out of the clear blue sky you start crying in the shower, in the grocery aisle, while putting on a T-shirt, and while walking the dog.  That's normal and will stop happening fairly soon.

You wake up at 3 and 4 o'clock in the morning with mounting terror and the scariest thoughts you have ever had in your life.  Forget it; none of those thoughts are real.  They are fear of the unknown.  If there is no conflict with other medications or your own health (talk to your doctor), take a sleep aid, turn on the stupidest, boring television show you can find, and go back to sleep.

Once you read the Explanations & Definitions and dive into team work with your Defense Attorney and Fraud Aid, you will know what is going to happen.  You will have a map and a goal.  The sooner you focus on the goal, the sooner you will no longer be tormented by distraction, fear, worry, and tears (that goes for you macho-types, too!).

Bill of Rights for victims of crime

As a crime victim you have Victim's Rights.  The Bill of Rights for victims of crime is primarily directed at victims of violent crime and some states only recognize victims of violent crime as eligible victims.

There are basic tenets of the Bill of Rights for crime victims, whether one is applying the federal or individual state version, which should apply to everyone who is considered a victim regardless of the crime.  These can be viewed by going to the Victim's Rights page and reading the Federal Bill of Rights for crime victims.

These are issues for you to discuss with your Defense Attorney.

Constitutional Rights

As a person under arrest, you have Constitutional Rights under the 4th Amendment: Interdiction of unreasonable Searches and seizures; warrants;

The 5th Amendment: Indictments; Due process; Self-incrimination; Double jeopardy, and rules for Eminent Domain;

The 6th Amendment: Right to a fair and speedy public trial, Notice of accusations, Confronting one's accuser, Subpoenas, Right to counsel;

And the 8th Amendment: No excessive bail & fines or cruel & unusual punishment.

We urge you to read the information published on Criminal Defense Attorney Joseph Camarata's web site about your constitutional rights and how to conduct yourself: http://www.camaratalaw.com/rights/index.php

What your Defense Attorney and Fraud Aid do for you

Your Defense Attorney's job is to protect your rights and vigorously defend you using all available information that is in your favor.

Our job is to provide your attorney with the best tools, information, and strategies for that vigorous defense.

Because we have been working with fraud victims for nearly 10 years and because of the Law Enforcement Support work we do, we have access to information that it is difficult for your Defense Attorney to obtain through normal channels or research.

Our Attorney Liaison Officer is a Certified Fraud Examiner who specializes in depositions and in in pre-trial and trial strategies, bringing to the table his years of experience in street fraud, corporate fraud, and cyber fraud.

Together, Fraud Aid and your Defense Attorney have one goal - to obtain the dismissal of your case or, in those instances where a dismissal is not possible, the lightest available misdemeanor plea with the lightest possible probation conditions.

Your job as a member of your defense team

Your job is to work with your Defense Attorney as a team member.  See You and Your Attorney.

Your job is to provide both your Defense Attorney and Fraud Aid with a clear, concise narrative of events using the guidelines found in How to Write a Narrative.

Your job is to leave the conspiracy theories in the closet and to adopt a positive, forthright attitude to help us work within the system.  If you want to cry foul or try to change the system, you can do that later.  It's a whole lot easier to be an activist outside the confines of a prison cell.

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