Possible defenses to identity theft charges include. In some states such as Alabama identity-theft restitution statutes allow for restitution to be paid to not only the victim but also to any other person or entity that suffers a loss from the violation Harsher Penalties for ElderDependent Adult Fraud.
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If you or a loved one is fighting a theft embezzlement or fraud case then contact the Law Offices of Karen L.
How to beat identity theft charges. Defenses against identity theft charges in Florida are straightforward. Many states also punish identity theft involving the elderly or dependent adults more severely. Submit a complaint about the theft to the FTC.
Namely it must be shown by the prosecution that the accused acted with the intent to use the stolen information for an unlawful purpose. Congress passed the Identity Theft and Assumption Deterrence Act in 1998 to make identity theft a federal crime punishable by up to 15 years in prison monetary fines and surrender of any property that was illegally obtained. Theft Attorney Los Angeles Karen L.
Identity theft charges carry a maximum term of 15 years imprisonment a fine and criminal forfeiture of any personal property used or intended to be used to commit the offense according to the Department of Justice. When you finish writing all the details print a copy of the report. Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another persons personal data in some way that involves fraud or deception typically for economic gainFor example someone rummages through your garbage and steals an envelope with some old tax records finding your Social Security number birth date and.
A skilled identity theft lawyer will be able to look at the facts of your case and determine the best strategy to defend you against identify theft charges. Generally speaking you are not responsible for fraudulent use of your identity. Probation usually lasts at least a year but probation sentences of three or more years are also common.
If for example it can be shown that the victim gave the accused their debit card with consent to get money for them and police subsequently arrested. Identity theft is a serious crime that could put your future relationships and career in jeopardy if youre convicted. Goldstein for a free confidential consultation.
If you are facing identity theft charges our San Diego criminal defense lawyer can raise several possible defenses depending on the circumstances surrounding your particular case. For first-time offenders of identity theft crimes that do not result in significant harm a court might impose a probation sentence in addition to or separate from other penalties. In other words the Act separated stealing the identity from actually using the identity in order to increase the overall severity of identity theft charges.
If you were charged with identity theft in Maryland its crucial that you understand what constitutes identity theft how its penalized and how you can defend against it. Defending Against Identity Theft Charges. You have to report the theft to start the ball rolling however and to help the authorities press charges.
While the FTC does not file criminal charges they will pass the information on to local law enforcement. File a police report about the identity theft and get a copy of the police report or the report number. There is not much any individual can do beyond monitoring their bills for mistaken charges disputing such charges and having them reversed.
You have zero liability so long as you act in a timely fashion once you detect or should have detected identity theft. Defending Against Identity Theft Charges. An alleged victim can easily accuse another of committing identity theft even when there is no basis for the accusation.
First if youve been charged with identity theft you should contact an experienced criminal defense attorney immediately. It will print as an Identity Theft Affidavit. This document can be used to help stop unauthorized accounts from being opened challenge fraudulent charges on existing accounts and assist law enforcement in tracking down the person responsible for the theft.
If you are the victim of identity theft there are a number of steps you can take immediately to right the ship. Creating an Identity Theft Report Involves 3 Steps. First things first you should report the suspected theft to the Federal Trade Commissions website and then contact your financial institutionif your cards are provided through your bank or credit union.
The information from your report is logged into a national database of identity theft incidents the FTCs Identity Theft Data Clearinghouse and is compared to thousands of other crimes in order to catch the thieves. An identity theft can be an overwhelming experience but by creating an Affidavit of Identity Theft a person can get all of the relevant information in one place and.
