Identity theft is a crime that leaves victims confused and disoriented by the unapproved use of their personal information. If you have been accused of committing fraud related to identity theft, you need a Downey identity theft lawyer. Simmrin Law Group is prepared to assist you.
Reach out now to consult with a criminal defense attorney who can strongly advocate for you.
What Is Identity Theft?
The Department of Justice (DOJ) defines identity theft as any criminal activity that involves wrongfully obtaining another person’s personal information. Someone who commits identity fraud, akin to identity theft, takes things further by using that stolen personal information to deceive or defraud others. These actions tend to be taken to profit in some way or another.
For a free legal consultation with an identity theft lawyer serving Downey, call (310) 896-2723
What Information Is Typically Stolen?
Stealing personal information from another person can qualify as identity theft. Although, being convicted of this crime often requires that defendants possess the information. Holding basic information, like birthdays, names, addresses, and phone numbers, may not be enough to constitute identity theft.
Defendants are often only convicted when it can be proven that they stole additional information, such as their social security number, government-issued I.D., banking information, credit card details, or tax information.
If the defendant held the information but did not use it, they may be able to avoid serious charges. There will likely be significant consequences if they use the information to achieve economic gain. If someone stole credit card details or banking information, then used that information to make illicit purchases, they could face felony charges depending on the context.
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Is Identity Theft a Felony?
Identity theft can be charged as a misdemeanor or felony. A misdemeanor is a lesser charge than a felony. This means less time in jail or reduced fines. A felony is more severe and can lead to more time in jail alongside more fines.
Depending on the severity of the offense, a good identity theft attorney can curate a case to show that your actions are a misdemeanor and not a felony. After you are charged with these crimes, it is up to the prosecutor on which crimes to charge. A strong advocate by your side can show that your charges should be reduced or cleared altogether.
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The Value of a Downey Identity Theft Lawyer
Identity theft is a criminal offense. To beat the charges, you will need a criminal defense lawyer who understands identity theft laws and statutes intricacies. While the defense proceedings may be tedious and quite involved, a criminal defense lawyer can take a lot of the pressure off you.
As they build your defense case, you will certainly see the value in hiring a Downey identity theft lawyer. Understand that the only way to defeat an identity theft charge is by disproving the prosecutor’s claim that you committed the crime. In many instances, the prosecutor may have evidence that you held another person’s personal information, but simply keeping it is not enough to land a conviction.
The crime occurs when someone decides that they will use the other person’s personal information fraudulently or unlawfully. Prosecutors must prove beyond a reasonable doubt that you committed the crime you have been charged with. If they cannot do so, you will not be convicted of the unproven charges.
Because most identity theft cases depend entirely on intent, your Downey identity theft lawyer will likely focus on proving that your overall intent was not malicious. If possible, they may even be able to prove that you did not even have regular access to the supposedly stolen personal information.
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Develop a Firm Legal Strategy
Discovery is the first step of the identity theft defense process. Your identity theft attorney in Downey will gather any relevant evidence during this phase. This includes any financial documents, such as bank statements, credit card statements, or tax returns.
The details of every illicit transaction will also be documented fully to prove that you were not involved in them. By also organizing a complete timeline of events, your Downey identity theft attorney can potentially show that things did not happen in the way the prosecutor suspects. Witness testimony is also incredibly valuable during the discovery proceedings.
With a skilled lawyer representing you, it should be easy to acquire expert testimony and to effectively question witnesses chosen by your team or the prosecutor. Once discovery is complete, a trial strategy must be ironed out. If it seems appropriate to accept a plea deal to reduce the punishment you incur, your lawyer will negotiate on your behalf to get the best bargain.
Of course, a plea bargain will only ever be accepted if you consent to take the deal.
Arguing Your Case
As with most criminal trials, identity theft trials are inherently complex. Having a Downey identity theft lawyer aiding you means that you will have an expert communicator arguing your case to the judge or jury. An attorney should also be equipped to guide the process by motioning to outline the use of certain evidence or having that evidence excluded overall.
This can be incredibly helpful in cases where the prosecutor has evidence that may be compelling, but is not relevant or acceptable. A Downey identity theft lawyer’s communication and negotiation skills will be in full effect during the process of examining and cross-examining witnesses. Ensuring that the truth gets out takes work in a criminal defense case, so do not rely on a public defender to get you through this trial.
Instead, trust the lawyers of Simmrin Law Group to defend you from undue criminal penalties.
We Believe in Justice
If you did not commit a crime and are being charged, you need a lawyer who will work hard to protect your freedom. Even if it seems like you did commit the crime, an identity theft lawyer in Downey can help minimize the consequences of your actions by ensuring that it is clear that your actions were not intended to cause harm.
Without a lawyer, you will not have the resources to maximize your chances of successfully defending yourself. Do not take the risk. Instead, use the contact form on this page to get a free case evaluation from Simmrin Law Group.
Call or text (310) 896-2723 or complete a Free Case Evaluation form