This is the next post in my series on the handling of identity theft charges in Peoria and other Illinois areas. My last article discussed what to expect in a first-offense identity theft case. It is understandable that individuals may not be sure what to expect from the process when they have not been previously charged with any crimes. It is important to retain an attorney as soon as possible in such situations in order to ensure that one’s rights are fully protected. In this article I will be discussing possible defenses in such cases. If you or a loved one are in need of assistance then contact my office today to speak with a criminal defense lawyer.
I have previously discussed what may constitute “identity theft” in Illinois. As I explained in that article, many courses of conduct can result in charges. This means that how to best defend against such charges will always depend on the specifics of the allegations. Generally speaking, issues which commonly arise in such cases may involve an unlawful search and seizure by law enforcement or the use of improperly obtained statements. In some situations, the presence of such issues can lead to a possible dismissal of the charges. Even if such issues are not present in a case, it is important to understand that it is the state’s burden to prove any charges beyond a reasonable doubt. Also, issues which can impact the nature of the charges (such as the value of any property taken) are a potential area of dispute.
Consider this example. Bob is charged with identity theft after allegedly using other individual’s information to conduct financial transactions online. The police seize Bob’s laptop without a search warrant and they check the browsing and IP history from the computer. Depending on other circumstances, this search of the laptop may very well violate the Fourth Amendment. If Bob is able to have the laptop excluded from evidence, and the prosecution does not have other evidence against him, then this may lead to a dismissal of the charges. It must be remembered that how a Court will rule on any given issue will always depend on the specifics of the case.
Now suppose, using the hypothetical from above, that the police began questioning Bob immediately after entering his residence without a warrant. Bob did not feel free to leave and, without being given a Miranda warning, he admits wrongdoing to the police officers. Given the situation, law enforcement would likely be found to have violated the Fifth Amendment. Any statements Bob would have made to law enforcement would then be excluded from use in Court. Because the prosecution is precluded from using the evidence, a jury could not be made aware of Bob’s statement’s, and may be more likely to find him innocent.
How to defend against any criminal charges will always depend on the specific facts of the situation. I am a former prosecutor who devotes his practice to protecting the rights of the accused. If you or a loved one are in need of assistance then contact my office today to speak with a Peoria criminal defense lawyer. I pride myself on providing the highest level of service and I look forward to speaking with you. We also serve clients in Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington and the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.