This is the next article in my series on federal criminal charges in the Central District of Illinois. My last post discussed defending against federal computer and cyber crime charges. Such cases tend to be highly complicated and often involve the use of expert witnesses. Retaining an attorney who is able to present complex information to a jury can be vital to one’s defense. In this article, I will be discussing charges based on identity theft. If you or a loved one have been charged by the Department of Justice then contact my firm today to speak with a criminal defense lawyer. My firm handles cases in both Peoria and Urbana.
18 USC 1028 makes it illegal to produce or transfer a fraudulent form of identification. It also criminalizes the use of another person’s identity or identifying information. Federal charges often result from identity theft or misuse which is connected to interstate activity, communication through federally regulated mediums, or that is related to other federal offenses. One common situation in which such charges are brought involve the false use of identity to commit theft or fraud online, by telephone, or through the mail. Another common source of such charges involve using a fake ID while engaging in serious criminal activity such as drug trafficking. Each of these two situations will typically result in the identity theft charges being stacked on top of underlying criminal counts.
The potential sentences for identity theft can be quite severe. Depending on the nature of the conduct, one may receive a minimum sentence of five years and, in other situations, that sentence may be as high as thirty years. These sentences may be in addition to time imposed for other criminal counts. A defendant who is convicted of identity theft, along with any accompanying charges, will likely be sentenced pursuant to the federal sentencing guidelines. While these guidelines are not mandatory, Courts typically follow them unless they see good reason not to.
The defenses asserted in an identity theft case will always depend on the specifics of the case. It is the government’s burden to prove, beyond a reasonable doubt, that one was intentionally using another’s ID without lawful authority to do so. If they fail to meet this burden, then the charges will be dismissed. Also, if evidence was collected in violation of the Fourth or Fifth Amendments then it may be possible to exclude such evidence from the Court’s proceedings. Moreover, if the case involves eyewitness identification, such as an individual being picked out of a lineup, then the identification may be inadmissible if it was the result of overly suggestive police procedures. Finally, if the underlying criminal charges are dismissed then the identity theft charges may be dismissed as well in some instances. How to best defend against any set of charges is something which should be discussed with an attorney
If you are facing identity theft charges, in addition to other criminal counts, then contact my office today to speak with a federal criminal defense lawyer. I handle charges in the Central District of Illinois in both Peoria and Urbana. My firm is devoted to providing the highest level of representation and I believe that everyone is entitled to a vigorous defense. I look forward to speaking with you.