San Jose Fraud Lawyer

Experienced Criminal Defense Attorney Serving Oakland, Palo Alto, and Campbell

Accusations of fraud can result in very severe charges including tremendous fines and extended jail time. One way you can reduce or eliminate your sentence if you have been wrongfully accused or had mitigating circumstances is to enlist the aid of an experienced fraud lawyer like Nick Cvietkovich. The Law Offices of Thomas Nicholas Cvietkovich has handled many fraud cases in the past, and we can help you to understand the complex legal code surrounding these cases.

Criminal Fraud and Deceit in California Criminal Law

The California Civil Code that governs cases in San Jose can be a bit confusing at times. Fraud and deceit are two similar but related crimes, and the Civil Code defines them differently. Furthermore, fraud itself is divided into two categories: actual fraud and constructive fraud. Deceit involves the willful misleading of another in order to gain in some manner. Actual fraud is defined as a set of acts performed with the intent to deceive a party into signing a contract. Constructive fraud can be any similar act or act of omission, but not necessarily performed with an intent to deceive. Sometimes constructive fraud occurs by accident, but if you are charged with it you can still be liable for damages.

As you can imagine, the breakdown of each of these categories of fraud and deceit is also quite complex, and different charges carry different consequences. The complexities are further confused by the fact that many of the same definitions apply to different categories. For example, “intentional misrepresentation” can count as either fraud or deceit, depending on the circumstances surrounding the false information. Likewise, promises which are made without any intent to follow through may count in either category as well.

Whichever type of fraud you are accused of, seeking the assistance of an experienced attorney is important. An attorney can help you to understand exactly what you are being accused of and why. With our help, you may be able to reduce your charges or even demonstrate your innocence.

There are many different types of fraud cases which we can handle. Some of these include:

  • Healthcare fraud;
  • Research fraud;
  • Pharmaceutical fraud;
  • Tax fraud (this is one very common type of fraud);
  • Corporate defense contractor fraud; and
  • Disaster relief fraud.

Just as we can help you out with cases of actual fraud, we can also represent you if you are accused of constructive fraud or deceit.

Dedicated Criminal Defense Representation in San Jose, CA

The Law Offices of Thomas Nicholas Cvietkovich has dealt with thousands of cases in San Jose. When you’re facing charges, it can be a confusing and frustrating time, and you may be struggling with financial resources. If so, you will be relieved to know that we offer payment plans, and your initial consultation to review the details of your case is completely free. If you are ready to find out what we can do for you, then contact us now at (408) 898-9653 for a free consultation.


Nick is an excellent attorney who really cares for his clients and knows what he is doing. His experience can be easily noticed. He works tirelessly to achieve the best end results in every case. He is very straightforward and lets you know what to expect from beginning to end, it is a relief to speak to an attorney like him that is not just trying to retain your business, but genuinely cares for the people he works with. He has a great team of people working for him that are always willing to update you on your case and answer any questions you might have. If you want a great attorney who will not overcharge you and will get you the best results, call his office.

-Mari, Yelp

Why Choose Us

  • More than 14 years of experience
  • Have handled 4,500+ cases
  • Available 24/7
  • Top Accreditations
  • Represent wide range of criminal charges