Caroline County Identity Theft Lawyer
Identity fraud, commonly referred to as identity theft, occurs whenever there is an individual who uses the identifying information of another without their permission and with the intent to defraud for his own use, the use of a third person, or to sell or distribute that information to another. The consequences of a conviction can be severe and long-lasting. For this reason, should you find yourself the subject of an investigation, it is important to contact a Caroline County criminal identity theft lawyer as soon as possible. An experienced defense attorney can assist in compiling evidence on your behalf and ensuring that a strong defense is built.
Variations of the Crime
Identity theft is often done to obtain money, private information, government records, or the identifying documents of a person. It is also quite common in these instances that an individual uses the name of another person to avoid summons or arrest.
Summons or arrest identity theft is extremely common because most identity fraud cases occur when someone knows that they have an outstanding warrant, or knows that they are going to be charged with some form of crime. As a result, and as a misguided means to evade charges when questioned by the police, instead of saying nothing, they choose to give the officers a false name, false identifying information, or false social security number. When they do so, they can be charged with fraud.
It is important to note that the charge will still stand even if the name given is invented and does not belong to an actual individual. The act of deceit itself constitutes the crime.
Common Defense Strategies
These types of charges are all different and therefore the exact approach that a Caroline County identity theft lawyer takes for each case varies slightly. However, one element they share in common is they are going to be heavily based on the intent of the accused. One of the main defenses to an identity fraud case is: did the person have the authority or permission from the person being defrauded to actually give their information?
If somebody says, “Yes, you can use my name,” then the defendant has not defrauded anybody because a person has been given permission.
Secondly, does the individual who is being charged with the identity theft have the intent or know that they are trying to avoid summons or arrests? It is not illegal to lie to the police officers in general. It is only illegal for someone to do so if they know that they have a warrant out for their arrest or if they know that they are about to be charged with a crime and receive some form of summons.
If the prosecution cannot prove that the person knew that information, then they ultimately cannot charge the person with identity theft for lying to the police under the circumstances.
Importance of a Caroline County Identity Theft Lawyer
A Caroline County identity theft attorney can assist a person facing charges by protecting that individual during the investigation process. Whenever someone is under investigation, the police will be watching them, monitoring their movements, and also trying to contact them in order to get more information.
By retaining counsel, the subject puts a barrier between themselves and law enforcement, because the attorney will now speak on behalf of their client to any inquiring police officers.
In addition, an attorney will apply their extensive experience to the case, acting as a guide and adviser every step of the way throughout the often overwhelming process.
