The best way to fight identity theft accusations
Identity theft refers to charges that are increasingly becoming common nowadays. It involves any activity that can be assumed as an attempt to represent yourself as another person rather than who you are so that you can benefit from something. Identifying theft tends to vary significantly depending on the circumstance. Remember that identity theft is considered to be a felony as there are allegations of dishonesty.
Therefore, it can make it hard for you to secure employment or anything else that requires someone trusting you. This is the reason why you need to hire an identity theft attorney to handle your case. This page explains the best way to fight identity theft accusations.
Fighting an identity theft accusation
Identity theft is still one of the most common types of property crimes in the country. This is why it’s important to safeguard your passwords, social security numbers, credit card statements, bank account information, and many more. Unfortunately, innocent people can sometimes be found on the wrong side of identity theft accusations. You should note that any person who gets another individual’s personal information without getting the consent can be charged with an identity theft.
There are various forms of identity theft. This includes creating a fake WiFi hotspot in public places to attract potential victims that are seeking a free wireless network. When someone logs in, personal information on the computer can be accessible to the creator of the network.
Another identity theft tool are the credit card skimmers. Skimmers refer to the card readers that are attached to payment terminals to take personal information off the magnetic strip of the card. Gas pumps and ATMs tend to be the popular places for these devices.
Identity thieves can sometimes send emails posing as trusted organizations or companies. This is called phishing and an email can urgently ask for personal information that is based on fictitious reasons. But these identity theft schemes are usually much more complex.
Most of the large companies are hacked, so they often lose personal information of their customers. The people who do these schemes regardless of whether they are small or large need to be caught and punished accordingly. After all, any person who gets personal information of another person without their consent can be at risk of identity theft once they are arrested and charged.
A criminal conviction for an identity theft can lead to a harsh punishment. Depending on the allegation, identity theft can be considered as either a felony or misdemeanor in federal or state court. A misdemeanor can usually lead to costly financial penalties and a felony can lead to at least 15 years in jail. Besides, under federal law, any person convicted of identity theft can automatically go for a mandatory minimum of two years in prison. This is especially true with aggravated identity theft.
You should note that aggravated identity theft can happen when a person utilizes the identity of someone else during the commission of a federal or state felony. False personation of citizenship, forgery, and mail fraud are good examples of predicate felony offenses. These can trigger an aggravated identity theft charge. Unlike many sentences that may run concurrently, an aggravated identity theft’s sentence usually runs consecutively to any other underlying felony conviction. The prosecutors often control this and they can use it as a strong bargaining tool. Identity theft accusations are serious because the crime is notorious; so many prosecutors tend to move quickly to get a conviction.
If you are falsely accused of identity theft, you can contact a lawyer right away. A good attorney can protect your rights. After all, every person is assumed to be innocent until the court finds them guilty. A lawyer can help you to fight against these false allegations of identity theft.
What an identity theft lawyer can do
Identity theft is a crime that can lead to huge damages that may linger for several years, especially when it affects your reputation. Because of this, it’s a good idea to take immediate action so that you can protect yourself. Thankfully, you can get an identity theft attorney to help you when someone falsely accuses you of identity theft. An attorney has the experience when it comes to protecting your rights and also understands the remedies and rights that can be available to you under state and federal laws.
In most cases, identity fraud and identity theft are usually used interchangeably. But identity fraud can stand for a large category of crimes that involve the use of false identification. On the other hand, identity theft is a part of identity fraud but it can specifically involve the use of another person’s personal information without their consent.
Therefore, if you have been arrested and charged with an identity theft, you need to get an identity theft attorney immediately. When you decide to contact a lawyer to help you with your identity theft cases, there are a couple of things you must do.
From the onset, you need to confirm the scope of representation. This means that you must know whether the potential identity theft attorney will handle the communication with the prosecutors and other interested parties. A lawyer can also choose to prepare the case and even represent you in the courtroom.
You should also ask the potential attorney about their experience with identity theft cases. You need to know whether or not they have handled similar cases to yours. And, if so, ask them the number of cases they have dealt with and what was the outcome of those identity theft cases.
Aside from these, you should also confirm the fee arrangement. Therefore, you need to ask them about the fee arrangement; especially if the fee is based on a flat rate or an hourly fee. You should also know the rates that attorneys will charge and whether or not they will require a retainer.
Also, you have to review the written representation contract. You should make sure that a representation agreement is in writing, and ensure that you check it before you decide to sign it.
