Denton County Fraud Lawyer | Experienced Criminal Defense

Fraud charges in Denton County can result from identity theft, credit card abuse, forgery, or deceptive business practices. Under Texas Penal Code Chapter 32, prosecutors must prove you intentionally deceived someone to obtain property or harm their interests. With penalties ranging from state jail felonies to first-degree felonies, fraud convictions carry prison time, heavy fines, and lasting damage to your reputation and career.

Varghese Summersett brings over 100 years of combined legal experience to Denton County fraud cases. Our team includes five Board Certified attorneys — the highest credential in Texas law — and former prosecutors who understand how the State builds fraud cases. We have secured more than 1,600 dismissals and over 800 charge reductions across our practice. With offices in Fort Worth, Dallas, Southlake, and Houston, we maintain a strong presence in Denton County courts and work closely with prosecutors and judges throughout the area.

Our attorneys have tried hundreds of cases before Texas juries and handled every type of fraud charge: identity theft, credit card abuse, forgery, insurance fraud, and financial exploitation. We know how to challenge the State’s proof of intent, contest the value of allegedly defrauded property, and expose weaknesses in financial records. Whether you’re facing accusations of using someone’s credit card without permission or committing organized fraud schemes, we fight to protect your freedom and your future.

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What Types of Fraud Cases Do We Handle in Denton County?

Fraud charges cover a wide range of conduct, from simple misunderstandings about financial transactions to complex schemes involving multiple parties. Our Denton County fraud lawyers defend clients against all types of fraud allegations.

We regularly handle cases involving credit card or debit card abuse, where prosecutors claim you used someone else’s card without consent. These charges often arise from family disputes, business partnerships gone wrong, or situations where permission was initially given but later disputed.

Identity theft charges involve allegations that you used someone’s personal information — Social Security number, driver’s license, bank account — to obtain property or cause harm. The State classifies these cases based on the number of items involved, and penalties increase sharply as the item count rises.

Forgery cases involve allegedly creating or altering documents with intent to defraud. This includes checks, government identification, financial instruments, and business records. The State must prove you knew the document was fake and intended to use it deceptively.

Other fraud charges we defend include insurance fraud, securing execution of a document by deception, fraudulent use or possession of identifying information involving elderly individuals, and money laundering. Each charge requires proof of specific intent and deceptive conduct.

What Is the Legal Definition of Fraud in Texas?

Texas law addresses fraud through multiple statutes in Texas Penal Code Chapter 32. The specific elements vary by offense type, but all fraud charges require proof of intentional deception.

Fraudulent Use or Possession of Identifying Information

Under Texas Penal Code § 32.51, the State must prove:

• You obtained, possessed, transferred, or used identifying information of another person
• You did so without that person’s consent
• You intended to harm or defraud another person

The charge level depends on the number of items of identifying information involved. Identifying information includes name, Social Security number, date of birth, government-issued identification, financial account information, and similar data.

The burden of proof rests on the State. Prosecutors must establish every element beyond a reasonable doubt. You have no obligation to prove your innocence. The State must prove you knowingly used the information without consent and intended to harm or defraud someone.

Credit Card or Debit Card Abuse

Under Texas Penal Code § 32.31, the prosecution must establish:

• You used a credit card or debit card
• The card was expired, revoked, or belonged to someone else
• You lacked effective consent from the cardholder
• You intended to obtain property or a benefit

The State must prove intent beyond a reasonable doubt. If you had permission to use the card, even oral permission, the State cannot meet its burden. Many credit card abuse cases arise from relationship disputes where permission was initially given but later disputed.

Forgery

Under Texas Penal Code § 32.21, prosecutors must prove:

• You forged a writing (altered or created a false document)
• You intended to defraud or harm another person
• You knew the writing was not authentic

The State bears the burden of proving intent to defraud beyond a reasonable doubt. Charges often depend on proving the defendant knew the writing was false and acted with deceptive purpose. Mistakes, authorizations, or legitimate business disputes often defeat these charges.

What Are the Penalties for Fraud in Denton County?

Fraud penalties depend on the specific offense, the value of property involved, and the number of victims. Texas classifies most fraud offenses as state jail felonies, third-degree felonies, second-degree felonies, or first-degree felonies.

Identity Theft Penalties

• Fewer than 5 items: State jail felony (180 days to 2 years state jail, up to $10,000 fine)
• 5 to 9 items: Third-degree felony (2 to 10 years prison, up to $10,000 fine)
• 10 to 49 items: Second-degree felony (2 to 20 years prison, up to $10,000 fine)
• 50 or more items: First-degree felony (5 to 99 years or life in prison, up to $10,000 fine)
• Elderly victim (fewer than 5 items): Third-degree felony

Credit Card Abuse Penalties

• Property value under $100: Class C misdemeanor (fine only, up to $500)
• Property value $100 to $750: Class B misdemeanor (up to 180 days jail, up to $2,000 fine)
• Property value $750 to $2,500: Class A misdemeanor (up to 1 year jail, up to $4,000 fine)
• Property value $2,500 to $30,000: State jail felony (180 days to 2 years, up to $10,000 fine)
• Property value $30,000 to $150,000: Third-degree felony (2 to 10 years prison)
• Property value $150,000 to $300,000: Second-degree felony (2 to 20 years prison)
• Property value $300,000 or more: First-degree felony (5 to 99 years prison)

Forgery Penalties

Forgery penalties depend on what was forged:

• Money, securities, postage, government records: Third-degree felony (2 to 10 years prison, up to $10,000 fine)
• Financial instruments (checks, credit cards): Penalties based on amount, ranging from Class A misdemeanor to first-degree felony
• Other documents: Class A misdemeanor (up to 1 year jail, up to $4,000 fine)

Collateral Consequences

Beyond incarceration and fines, fraud convictions trigger serious collateral consequences. A fraud conviction appears on background checks and signals dishonesty to employers, landlords, and professional licensing boards. Many employers refuse to hire individuals with fraud convictions, particularly for positions involving money, sensitive information, or trust.

Professional licenses — including those for accountants, real estate agents, nurses, teachers, and financial advisors — face suspension or revocation after fraud convictions. Immigration consequences include deportation for non-citizens. Fraud convictions also make it difficult to obtain loans, credit cards, or housing.

What Are Typical Bond Amounts for Fraud Charges in Denton County?

Based on an analysis Varghese Summersett completed of over 11,000 bonds in Denton County, here are typical bond amounts for fraud-related charges:

Typical Bond Amounts for Fraud Charges in Denton County

Charge	Typical Bond Range	Most Common Bond
Fraud Use/Possession Identifying Information (Fewer than 5 items)	$5,000 – $15,000	$5,000
Credit Card or Debit Card Abuse	$2,500 – $10,000	$5,000
Fraud Possession/Use Credit Card (Fewer than 5 cards)	$2,500 – $5,000	$2,500
Forgery of Financial Instrument	$1,500 – $10,000	$1,500
Forgery of Government/National Instrument	$5,000 – $15,000	$5,000
Fraud Use/Possession Identifying Information (10 to 49 items)	$5,000 – $25,000	$5,000
Fraud Use/Possession Identifying Information (50 or more items)	$20,000 – $50,000	$25,000
Fraud Involving Elderly Victim (Fewer than 5 items)	$5,000 – $30,000	$5,000

Bond amounts increase significantly when charges involve elderly victims, multiple items of identifying information, or high dollar values. Cases involving organized fraud schemes or multiple victims typically result in higher bonds. Judges also consider criminal history, flight risk, and ties to the community when setting bond.

How Do Prosecutors Prove Fraud Cases?

Fraud cases depend heavily on documentary evidence and proof of intent. Prosecutors build these cases using bank records, credit card statements, surveillance video, computer forensics, and witness testimony. Understanding how the State builds its case reveals where defenses exist.

Financial Records

Prosecutors rely on bank statements, credit card records, check images, and ATM footage to show transactions occurred. They attempt to link you to specific purchases or withdrawals through location data, IP addresses, or video surveillance. These records often form the backbone of the State’s case.

However, financial records rarely prove who actually used a card or account. Multiple people may have access to accounts. Cards get lost or stolen. Someone may have had permission to use a card but the cardholder later claims otherwise. The records show transactions occurred, but they don’t always prove who authorized them or what understanding existed between the parties.

Testimony from Alleged Victims

The State presents testimony from people who claim you used their information or property without consent. These witnesses often describe discovering unauthorized transactions, noticing missing checks, or finding out someone opened accounts in their name.

Victim testimony faces several challenges. People forget they gave permission. Relationships deteriorate and people reinterpret past conduct. Business partners have disputes about who could access accounts. Family members disagree about whether someone had authority to use shared resources. Cross-examination often reveals inconsistencies, faulty memories, or ulterior motives.

Digital Evidence

Modern fraud cases involve extensive digital evidence: computer files, internet searches, social media posts, text messages, and email communications. Prosecutors use this evidence to show you knew information was stolen, planned fraudulent activity, or coordinated with others.

Digital evidence requires careful scrutiny. IP addresses don’t always identify specific users. Multiple people access shared computers. Messages get taken out of context. Timestamps may be unreliable. Chain of custody issues affect admissibility. Expert analysis often reveals problems with how evidence was collected or interpreted.

Handwriting Analysis and Document Examination

Forgery cases involve document examiners who claim to match your handwriting to forged signatures or altered documents. These experts compare known writing samples to questioned documents and offer opinions about authorship.

Handwriting analysis is notoriously unreliable. Studies show high error rates. Examiners reach different conclusions from the same evidence. Environmental factors affect how people write. People sign differently depending on whether they’re standing, sitting, rushed, or careful. Defense experts frequently challenge these opinions and expose their limitations.

What Are Common Defenses to Fraud Charges?

Fraud charges require proof of intentional deception. Many defenses focus on disproving intent, showing you had permission, or demonstrating the State cannot prove its case beyond a reasonable doubt.

Lack of Intent

The State must prove you intended to harm or defraud another person. Mistakes, misunderstandings, and good faith disputes don’t constitute fraud. If you believed you had permission to use someone’s card or information, you lacked the required intent.

Many fraud cases arise from family disputes, failed business relationships, or romantic partnerships that ended badly. Someone may have allowed you to use their card during the relationship but later claimed you stole it. These situations lack the deceptive intent fraud requires.

Consent and Authorization

If you had permission to use someone’s credit card, account, or personal information, no fraud occurred. Consent doesn’t require written documentation. Oral permission is sufficient. The State must prove absence of consent beyond a reasonable doubt.

Defense often involves showing the history of the relationship, past transactions the cardholder approved, communications about shared expenses, or the broader context of how parties handled financial matters. Bank statements showing repeated similar transactions can demonstrate a pattern of authorized use.

Insufficient Evidence

The State bears the burden of proving every element beyond a reasonable doubt. If prosecutors cannot connect you to the fraudulent conduct, cannot prove the value of allegedly defrauded property, or cannot establish intent, they fail to meet their burden.

Fraud cases often involve circumstantial evidence that admits multiple interpretations. Someone else may have had access to the information. The card may have been stolen. The transaction may have occurred without your knowledge. Reasonable doubt exists when evidence is consistent with both guilt and innocence.

Mistaken Identity

Identity theft cases sometimes charge the wrong person. Credit card fraud occurs when cards are lost or stolen. Multiple people may have access to the same personal information. If the State cannot prove you committed the fraud, the charges fail.

Video surveillance may be poor quality. Witnesses may identify the wrong person. IP addresses may point to public locations or compromised networks. Document examination may be unreliable. Defense requires examining every piece of evidence the State uses to connect you to the offense.

Insufficient Value

Many fraud charges depend on the value of property obtained or services rendered. If the State overvalues property or cannot prove the actual loss amount, the charge may not fit the alleged conduct. Reducing the proven value can reduce the charge level from a felony to a misdemeanor.

What Is the Legal Process for Fraud Cases in Denton County?

Fraud cases typically begin with a police investigation following a report from an alleged victim or financial institution. Understanding what happens at each stage helps you make informed decisions about your defense.

Investigation Stage

Police investigate fraud allegations by collecting bank records, credit card statements, surveillance video, and witness statements. Financial institutions fraud departments often provide records and cooperate with law enforcement. Investigators may interview you or request that you provide a statement.

Never speak to police without an attorney present. Anything you say can be used against you, even statements made to clarify misunderstandings. Police aren’t required to believe your explanation or investigate facts that support your innocence. Request an attorney immediately and exercise your right to remain silent.

Arrest and Booking

Arrests for fraud occur either through a warrant or when police have probable cause to believe you committed an offense. After arrest, you’ll be booked into Denton County Jail and appear before a magistrate within 48 hours for a probable cause hearing.

Contact a fraud defense attorney immediately after arrest. Early intervention can affect bond conditions, prevent damaging statements, and begin building your defense while evidence is fresh.

Bond Hearing

At your first court appearance, a judge sets bond based on the charge level, criminal history, flight risk, and ties to the community. Fraud charges often result in moderate to high bonds, particularly when they involve elderly victims, substantial amounts, or organized schemes.

An experienced attorney can argue for lower bond by presenting evidence of community ties, employment, family obligations, and your likelihood to appear for court. Reducing bond or securing release on personal recognizance allows you to work, maintain employment, and actively participate in your defense.

Grand Jury and Indictment

Felony fraud cases go before a Denton County grand jury, which decides whether probable cause exists to indict. The grand jury process is one-sided — only the prosecutor presents evidence. Grand juries indict in most cases.

However, defense counsel can communicate with prosecutors before grand jury presentation and sometimes provide evidence that may result in rejection, reduction, or dismissal. Presenting bank records showing authorized transactions, communications demonstrating permission, or documentation of legitimate business relationships can prevent indictment.

Pretrial Negotiations

Most fraud cases resolve through negotiation. Your attorney examines the State’s evidence, identifies weaknesses in their case, and negotiates with prosecutors for dismissal, reduction, or favorable plea agreements.

Fraud cases often involve complex financial records and subjective questions about intent. Prosecutors may recognize their evidence doesn’t support a conviction. Negotiations may result in reduction to a misdemeanor, dismissal in exchange for restitution, or agreements that avoid conviction through deferred adjudication or pretrial diversion.

Trial

If negotiations fail, the case proceeds to trial. Fraud trials typically last two to five days and involve extensive documentary evidence, expert testimony, and detailed presentation of financial records. Juries must find you guilty beyond a reasonable doubt on every element.

Defense presents alternative explanations for the evidence, challenges the State’s proof of intent, and exposes weaknesses in witness testimony and document examination. The State’s burden is high, and reasonable doubt exists when evidence admits multiple interpretations.

Related Fraud Charges in Texas

Fraud charges often appear alongside related offenses. Understanding these charges helps you recognize the full scope of potential allegations.

Identity theft involves using someone’s personal identifying information without consent to harm or defraud. This overlaps with fraudulent use of identifying information but may involve additional conduct like opening accounts, obtaining credit, or committing other crimes using stolen identities.

Credit card fraud includes using expired cards, revoked cards, or cards belonging to others without consent. It also covers possession of stolen credit card numbers and using counterfeit cards.

Forgery charges involve creating or altering documents with intent to defraud. Related offenses include forgery, tampering with government records, and securing execution of documents by deception.

Money laundering charges arise when prosecutors allege you conducted financial transactions with proceeds of criminal activity to conceal the source or ownership of the money. These charges often accompany fraud allegations in complex cases.

What to Expect From Varghese Summersett

Our Denton County fraud defense team provides comprehensive representation from arrest through trial. We begin with an immediate case evaluation, examining police reports, financial records, and charging documents to identify weaknesses in the State’s case.

During the investigation phase, we protect your rights by preventing damaging statements and challenging improper police conduct. We gather evidence supporting your defense: bank statements showing authorized transactions, communications demonstrating permission, witness testimony about the relationship and understanding between parties, and expert analysis of financial records.

We negotiate with Denton County prosecutors from a position of strength, presenting evidence that defeats the charges or justifies significant reductions. Our former prosecutors understand how district attorneys evaluate cases and what evidence motivates dismissals or favorable plea agreements.

If your case goes to trial, we prepare meticulously. Our trial team has tried hundreds of cases before Texas juries. We retain expert witnesses to challenge handwriting analysis, examine financial records, and rebut the State’s evidence. We cross-examine State witnesses to expose inconsistencies, faulty memories, and ulterior motives. We present alternative explanations that create reasonable doubt.

Throughout the process, we keep you informed about every development, explain your options clearly, and make sure you understand the potential outcomes. Fraud charges threaten your freedom, reputation, and future. We treat every case with the seriousness it deserves.

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Frequently Asked Questions About Fraud Charges in Denton County

Can fraud charges be reduced or dismissed?

Yes. Fraud charges can be reduced or dismissed when the State cannot prove intent, when evidence shows you had permission to use the property or information, when the value doesn’t support the charge level, or when constitutional violations occurred during the investigation. Our attorneys have secured hundreds of dismissals and reductions by challenging the State’s evidence and presenting facts that defeat the charges.

What if I had permission to use someone’s credit card but they now claim I didn’t?

Many fraud cases arise from relationship disputes where someone gave permission but later claimed otherwise. We defend these cases by showing the history of the relationship, previous authorized transactions, communications about shared expenses, and the pattern of how parties handled financial matters. The State must prove lack of consent beyond a reasonable doubt, and evidence of prior authorization creates reasonable doubt.

Will I go to prison for fraud in Denton County?

Not necessarily. Many fraud cases resolve without prison time, particularly for first-time offenders or when the amount involved is relatively small. Options include deferred adjudication (where conviction can be avoided through successful probation), straight probation, reduced charges to misdemeanors, or dismissal. Our goal is to avoid conviction entirely or minimize consequences as much as possible.

How does fraud affect professional licenses in Texas?

Fraud convictions trigger mandatory reporting to most Texas licensing boards. Many professions — including accountants, real estate agents, nurses, financial advisors, and teachers — face license suspension or revocation after fraud convictions. Avoiding conviction through dismissal, reduction to a non-fraud offense, or successful completion of deferred adjudication protects professional licenses. We work closely with clients whose careers depend on avoiding fraud convictions.

What should I do if police want to question me about fraud allegations?

Immediately request an attorney and exercise your right to remain silent. Do not try to explain the situation or provide documents to police without legal representation. Anything you say can be used against you, and explanations that seem harmless often become the basis for prosecution. Contact a fraud defense attorney before speaking with investigators, even if you believe you can clear up a misunderstanding.

Contact a Denton County Fraud Lawyer Today

Fraud charges threaten your freedom, reputation, and career. The State has significant resources to build its case, and prosecutors pursue fraud charges aggressively. You need experienced defense attorneys who understand how these cases work and know how to win.

Our team includes five Board Certified attorneys and former prosecutors who have tried hundreds of cases before Texas juries. We know how to challenge fraud charges and protect our clients’ futures.

Don’t face these charges alone. Call (940) 252-2220 for a free consultation about your Denton County fraud case.