Mail Fraud Lawyer Bergen County, NJ
Federal mail fraud charges under 18 U.S.C. § 1341, as well as state‑level fraud offenses, can lead to serious prison time, substantial fines, and a criminal record that follows you for life. If you or someone close to you is under investigation or has been charged with a mail‑fraud‑related offense in Bergen County, New Jersey, you need counsel who understands both the federal court system and New Jersey’s state criminal process. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. have practiced criminal defense since 1997, appearing in Bergen County Superior Court and the U.S. District Court for the District of New Jersey. Call (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Law Offices Of SRIS, P.C. — New Jersey Location
44 Apple St, 1st Floor, Tinton Falls, NJ 07724
By appointment. Phones answered during business hours.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary.
What Mail Fraud Means in Bergen County, New Jersey
Mail fraud is defined broadly under federal law and state fraud statutes. At the federal level, 18 U.S.C. § 1341 makes it a crime to use the U.S. Postal Service or a private carrier to carry out a scheme to defraud, even if the mailing itself is routine or incidental. Prosecutors must prove a scheme to defraud and the use of the mails in furtherance of that scheme. A federal mail fraud conviction carries a maximum penalty of 20 years in prison, or up to 30 years if the offense affected a financial institution.
New Jersey state law also prohibits theft by deception, false pretenses, and forgery, which can cover conduct similar to federal mail fraud. Indictable state fraud charges are prosecuted in Superior Court of New Jersey, Bergen Vicinage, located at 10 Main Street, Hackensack, NJ 07601. Federal mail fraud cases are heard in the U.S. District Court for the District of New Jersey, with the Newark division handling Bergen County matters.
A critical difference between the two systems is New Jersey’s pretrial release process. New Jersey abolished cash bail in 2017; pretrial release after a state arrest is determined by a computerized Public Safety Assessment (PSA) that measures flight risk and danger to the community, not the ability to pay. In federal court, detention decisions are governed by the Bail Reform Act, and the U.S. Attorney’s Office often seeks detention in serious fraud cases where the defendant is considered a flight risk. Mr. Sris and his Of Counsel routinely appear in both venues, for both pretrial hearings and trial proceedings, for clients throughout Bergen County, including Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, and surrounding communities.
How Mr. Sris and His Of Counsel Handle Mail Fraud Cases
Mail fraud investigations often begin long before an arrest, with subpoenas, search warrants, and contact from federal or state agents. Early intervention, before charges are filed, can make a significant difference in the direction of the case. Mr. Sris and his Of Counsel evaluate every matter from the first contact, assessing the strength of the government’s evidence, identifying legal and factual defenses, and engaging with prosecutors when doing so benefits the client.
If charges are brought, the defense team examines every element of the alleged scheme: whether a scheme to defraud existed, whether the defendant acted with the required intent, whether there was a material misrepresentation, and whether the mailings were incidental rather than in furtherance of the scheme. In state prosecutions, statutory distinctions such as the value of the property involved can influence whether the charge is a disorderly persons offense or an indictable crime, which in turn affects the potential sentence and the venue. Mr. Sris and his Of Counsel will challenge the admissibility of evidence obtained in violation of the Fourth Amendment, scrutinize the reliability of witness statements, and work to negotiate reduced charges or a pretrial diversion when the facts support it. Throughout the process, the client is kept informed and advised of all available options, but every decision rests with the client.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C., and has practiced as a criminal defense attorney since 1997. A former prosecutor, Mr. Sris brings an insider’s understanding of how the government builds fraud cases. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and appears in both state and federal courts. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He works alongside a team of experienced Of Counsel who collectively have documented 4,739+ case results across multiple practice areas. Results may vary.
Frequently Asked Questions About Mail Fraud in Bergen County
What is mail fraud under federal law?
Mail fraud under 18 U.S.C. § 1341 is a felony that occurs when a person uses the U.S. Postal Service or a private interstate carrier to execute a scheme to defraud, regardless of whether the mailing itself is central to the scheme. The statute requires that the defendant devised a scheme to obtain money or property by false or fraudulent pretenses and knowingly used the mails to further that scheme. The maximum penalty is 20 years in prison, or up to 30 years if the fraud affects a financial institution. A conviction can also result in fines, restitution, and a permanent criminal record.
What is the difference between state and federal mail fraud charges?
State charges usually involve theft by deception or false pretenses under New Jersey law, prosecuted in the Superior Court, while federal mail fraud charges are brought under 18 U.S.C. § 1341 in the U.S. District Court. Federal prosecutors typically pursue cases with interstate mailings, larger losses, or involvement of a federal agency. Federal sentencing guidelines are harsher, and there is no parole in the federal system. State-level fraud handling, by contrast, permits pretrial diversion programs such as Pre‑Trial Intervention (PTI) for eligible first‑time offenders, which can result in dismissal upon completion.
Does New Jersey have cash bail?
No, New Jersey abolished cash bail in January 2017 under the Criminal Justice Reform Act; pretrial release in Bergen County is determined by a Public Safety Assessment (PSA) risk score, not money. There are no bail bondsmen in New Jersey. A computerized assessment evaluates flight risk and community danger. For serious fraud charges, the court can order pretrial detention if the PSA indicates a high risk. The same principles apply in Superior Court of New Jersey, Bergen Vicinage, and in the Municipal Courts that handle disorderly persons offenses.
How do federal sentencing guidelines work in Bergen County?
Federal sentencing at the U.S. District Court for the District of New Jersey follows the advisory U.S. Sentencing Guidelines, which calculate a range based on offense level and criminal history. The guidelines are no longer mandatory after the Supreme Court’s decision in United States v. Booker, but judges must still consider them. For mail fraud, the loss amount heavily influences the offense level; enhancements can apply for use of sophisticated means, abuse of a position of trust, or a large number of victims. Mr. Sris and his Of Counsel advocate for a sentence below the guideline range when mitigating factors exist.
What should I do if I am being investigated for mail fraud?
If you suspect you are under investigation for mail fraud, do not speak with law enforcement without an attorney, preserve all relevant documents, and contact a criminal defense lawyer immediately. Early engagement with counsel can influence whether charges are filed. Mr. Sris and his Of Counsel can communicate with investigators on your behalf, assess potential defenses, and, when appropriate, begin negotiations or seek a pre‑indictment resolution.
Do I need a lawyer for a mail fraud charge in Bergen County?
Yes, a mail fraud charge — whether state or federal — requires experienced legal representation as soon as possible. The consequences of a conviction can include a lengthy prison term, heavy fines, restitution, and a permanent felony record that affects employment, professional licenses, and immigration status. An attorney can challenge the sufficiency of the evidence, negotiate with prosecutors, and guide you through the complex procedural rules of the New Jersey Superior Court or the U.S. District Court.
What are possible defenses against mail fraud charges?
A defense against mail fraud may challenge the existence of a scheme to defraud, the defendant’s intent, the materiality of any false statement, or the connection between the use of the mails and the alleged scheme. In some cases, the government may lack sufficient evidence that the defendant intended to deceive or that the mailing was “in furtherance” of the scheme. Mr. Sris and his Of Counsel examine every element of the charge, review the search and seizure procedures, and identify constitutional violations that could lead to suppression of evidence.
How does a lawyer defend against mail fraud charges in Bergen County?
Defense counsel will analyze the government’s entire case, from the initial investigation through indictment, and craft a tailored strategy based on the facts, the available evidence, and the specific court procedures in Bergen County. This includes challenging wiretaps and email searches, scrutinizing the indictment for pleading deficiencies, and, where possible, securing pretrial release on favorable conditions. In state court, the focus may also include qualifying the client for PTI or a negotiated disposition that avoids a conviction. In federal court, emphasis is placed on sentencing mitigation and the preservation of appellate rights.
What is Pre‑Trial Intervention (PTI) in New Jersey?
PTI is a diversion program for first‑time indictable offenders in Bergen County that can result in a complete dismissal of charges after successful completion of a period of supervision, typically one to three years. It is administered through the Superior Court of New Jersey, Bergen Vicinage, and is not available for all offenses. An application must be filed promptly. If accepted, the defendant avoids a trial and a conviction; if all conditions are met, the charge is dismissed. For drug‑related cases, a similar program called conditional discharge exists at the municipal level. Mr. Sris and his Of Counsel can evaluate whether PTI might be available for a given mail‑fraud‑related charge.
Can I get my criminal record expunged after a mail fraud case?
Expungement is possible in New Jersey after statutory waiting periods, but eligibility depends on the specific offense and whether the case resulted in a conviction or a dismissal. For an indictable crime, the waiting period is generally five years; for a disorderly persons offense, it is two years. Completion of PTI results in automatic dismissal, which can make expungement easier. Federal convictions are not generally expungeable, though certain limited forms of relief may be available. Any petition is filed in the Superior Court of New Jersey. An attorney can assess whether you qualify and guide you through the process.
Outbound Authority Links
New Jersey Courts · New Jersey Legislature · U.S. District Court for the District of New Jersey
Nearby Counties We Also Serve
Hunterdon County Criminal Defense · Somerset County Criminal Defense · Morris County Criminal Defense · Monmouth County Criminal Defense
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