Featured News 2012 Know Your Rights: Stolen Identity Charges

Know Your Rights: Stolen Identity Charges

This November, two women were charged with forgery and two counts of identity theft. According to one source, these women were trying to cash out someone's Social Security deposits. If you or a loved one have been charged with identity theft, it is important to be knowledgeable of the techniques that you might have been charged with so that you can discuss your case with a legal counselor who understands the necessary defenses for the charged crimes.

One source reports that identity theft is an extremely expensive crime to process and therefore, prosecutors in various jurisdictions are reviewing these cases in order to process criminal charges. Sometimes, a criminal defense attorney may be able to negotiate civil restitution in your favor in order to reduce or even diminish the appearance of the crime. In cases such as these, an attorney may even be able to get some of the more serious charges such as jail time reduced. When charged with a crime, it is important to discuss the elements and natures of the crime. Here are some possible identity theft charges to discuss with a legal advisor:

  • Shoulder surfing;
  • Dumpster diving; or
  • nternet scams

Shoulder surfing can be a technique used in order to steal personal information and most people who are looking to commit identity theft will usually choose a public place due to the amount of people around; many times, someone who is accused of identity theft will be charged with attempting to blend in with the crowd in order to watch others from a secure designated location. Another tactic that they might accuse you of is dumpster diving; many important documents have vital information such as telephone numbers, names, and addresses. If charged with taking tangible documents instead of digital records, a good defense tactic could be to prove that the documents were shredded. If the information is viable, the evidence may appear weak in court.

Also, this defense might be plausible if you have also been charged with stealing pending credit card offers through the mail. Some credit card companies send preapproved cards but have taken precautions that make card activation harder for others to steal; this can be achieved by making the credit card possible to activate through a designated telephone number. If a credit card company has taken this precaution, this is excellent evidence for an attorney to point out; the prosecutor would have to prove that you used the phone that was necessary to retrieve the private information. This makes it harder for the prosecutor to prove and requires him to retrieve more evidence.

If you are charged with stealing someone's identity through the internet, there is a higher chance of an acquittal since it is extremely hard to find evidence for deeds done in the digital world. Most internet identity theft have charges that relate to the interstate commerce and is therefore under federal jurisdiction. One source has reported that identity theft charges regarding internet theft are rarely prosecuted, though the government is making an attempt to be more aggressive towards these submitted charges.

Lastly, there are times in which someone might have used your own personal information and then committed fraudulent crimes. Though this is a rarer scenario, there are times that you could be convicted for another person's crime. If you've become a victim and are now facing criminal charges for identity theft, contact the Federal Trade Capital Commission (FTC), as well as the FBI. You may also contact the Department of Justice if you have been wrongly charged or even convicted with fraudulent activities regarding identity theft. In any event, if charged of identity theft, you should contact an attorney who has a practice in dealing with identity theft charges.

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