Facing identity theft charges can feel like a nightmare. You might be wondering how this happened and if anyone understands. The US Bureau of Justice Statistics reported that in 2021, almost 24 million people in the US over 16 experienced identity theft, so you’re not alone in learning how to fight these charges.
Understanding how to fight identity theft charges is crucial for your future. We will discuss practical steps and defenses. This won’t be easy, but with the right approach, you can overcome this challenge.
What Exactly is Identity Theft?
Identity theft is using someone else’s personal information without permission. This includes any personal data used illegally, not just credit cards. It covers actions from using your social security number for loans to filing taxes under your name.
According to California Penal Code 530.5 PC, using information for any unlawful purpose without consent is key. Knowing this helps clarify if there was a misunderstanding or if you’ve been framed. This might involve fraudulent intent or the actions of identity thieves using stolen social security numbers.
How to Fight Identity Theft Charges
Understanding the charges can help you determine your first step. Here’s what typically happens when you face such a situation.
A charge isn’t a conviction. Knowing how prosecutors think and what motivates them can show they may have less evidence against you than assumed.
Immediate Steps After Discovering the Charges
Discovering you’re facing identity theft charges can disrupt your life. Acting fast is very important.
First, contact IdentityTheft.gov, a federal government resource. They provide tools to report identity theft and create a personal recovery plan and generate an identity theft report.
Getting Your Credit Reports
Get your credit reports to assess the damage. You can get free reports from www.annualcreditreport.com or by calling 1-877-322-8228.
These reports show any unfamiliar accounts or transactions. These details are important when speaking to authorities or your lawyer. Check for anything unusual, like a credit account you don’t recognize, or any unexpected phone calls from unfamiliar sources. You can find a criminal defense attorney through a local directory.
Placing a Fraud Alert
To prevent more damage, consider placing a fraud alert. This makes it harder for anyone to open accounts in your name.
Contact one of the three major credit bureaus: Equifax, Experian, or TransUnion. Alerting one requires them to notify the others, acting as an extra layer of protection.
Reporting to the Authorities
Report the theft to the Federal Trade Commission (FTC) online at IdentityTheft.gov or by calling 1-877-438-4338. The FTC logs your details in a database, aiding in tracking identity theft cases.
Next, contact the local police with your FTC report copy. They may have local resources you are unaware of and assist you with an identity theft affidavit. Many local criminal law offices offer free consultations to discuss the basics of your situation.
If It’s Tax-Related
For tax-related identity theft, the IRS has a form to declare such incidents. Report any odd events, like a rejected tax return or an employment form from an unfamiliar source.
Victims can file IRS Form 14039, now fileable electronically via IdentityTheft.gov. Check the IRS Taxpayer Guide to Identity Theft or call the IRS Identity Protection Specialized Unit. Contacting your bank account provider will help put protective actions in place as soon as possible. If there is a fraudulent return make sure that it is reported to the authorities.
Legal Defenses Against Identity Theft Charges
When facing identity theft charges, explore your legal defenses. Here’s a detailed look at some common defenses.
Lack of Fraudulent Intent
Proving intent is crucial in identity theft cases. Without intent to deceive or harm, a key element of the crime is missing. This step helps you prepare a strong defense.
Maybe you used someone’s info for research or by accident. Discuss this defense with legal counsel and gather any relevant documentation.
You Had Consent
If you believed you used the information with permission, things might be less severe. The challenge is proving you had initial consent.
Evidence like texts, emails, or witness statements can change the case’s outcome. Focus on showing clear, honest consent in your communications, important during defense, especially in a confusing identity fraud situation. Consider adding reporting agencies into your protection team.
It’s a Mistake
Mistakes happen. Receiving someone else’s mail might lead to you having sensitive documents.
Collect evidence of misdirected emails. If you didn’t use the information, it could help your case and be shared with any credit reporting sources. It is also possible to end up with someone else’s account numbers accidentally.
You Were Set Up
Entrapment might apply to your case. This defense argues that without external pressure, the actions wouldn’t have occurred.
Your defense can highlight any setup, showing why the actions don’t align with your history. Contact the fraud department and get details of what to do next.
Mistaken Identity Cases
Mistaken identity happens, especially to those actively seeking solutions. Thieves often use other identities.
An affidavit shows companies how your identity was misused. IdentityTheft.gov provides guidance, offering a path forward. Complete an ftc identity theft report and also consider the benefits of an ftc identity theft affidavit on your situation. You need to let any impacted companies know about the possibility of someone having your numbers bank account numbers.
Reviewing Procedural Rights
Police must follow procedure from suspect identification to resolution. Rights violations can lead to case dismissal or evidence exclusion. Keep close communication to anyone impacting from the theft contact efforts and follow-ups.
Documenting conversations with officers and their cover letter helps with later follow-ups. Review notes and share them with your support team for detailed analysis and ask for help when completing the filing form.
What Penalties Might You Face?
Penalties for identity theft depend on specifics and location. Charges can escalate from basic use to include fraud and additional counts, depending on activities like using a stolen card. It may result in jail time if convicted.
Penalties aren’t fixed. The average federal sentence for identity theft is nearly four years. Avoiding debt collection issues in the future from illegal activity might make all this work worth it, too.
Additional Steps for Recovery
| Step | Action | Resource/Contact |
|---|---|---|
| Update Online Passwords | Create strong, unique passwords for online accounts. | Your identity theft account provider, tech, or security expert. |
| Stop Interaction with Thieves | Avoid communicating with suspected thieves or questionable support offers. Keep safe from risks with your social media information. | Anyone contacting you by phone or online. |
| Work with Professionals | Share the police report and request extra copies for your files. Also check for any identity theft assumption deterrence issues. | Your attorney, identity theft protection services. |
| Note Updates | Document any unusual activity, emails, texts, and calls. Check that you did not complete a purchase that includes elseâs personal details on accident. | Your legal team, FTC reporting team, credit freeze support team. |
| State Support | Seek help from your state, as some offer region-specific aid. Examples: – Illinois: 3601 Algonquin Road Suite 716, Rolling Meadows, Illinois 60008, Phone: (847) 255-2100 – California: 750 B Street, Suite 1710, San Diego, CA 92101 – Chicago: 134 N La Salle St Ste 444, Chicago, Illinois 60602 | State office information, Legal support, Law firms, Your local defense attorney. |
Conclusion
Fighting identity theft charges involves careful steps. Keeping calm and knowing local support variations helps greatly. It may also be key to focus on creating secure online steps from here on out, too.
Finding a specialized attorney may seem like an effort. Quick action is worthwhile and can help save lots of problems in the future.
