What Are the Legal Remedies for Georgia Defendants Wrongly Accused of Identity Theft?

What Is Identity Theft?

Identity theft happens when someone takes another person’s personal or financial information and uses it without the owner’s permission. That can include anything from the owner’s name, address, and contact information to their birth date to their financial account details (including credit cards and Social Security) or health insurance information.

People who commit identity theft crimes try everything from opening new financial accounts to changing mailing addresses on existing accounts. What’s more, those who commit identity theft crimes can also sell or share that information with others who also use it illegally. They can cause severe financial harm to the identity’s owner, including causing them to have accounts sent to collection, ruining their credit ratings, and even facing lawsuits.

What Are the Consequences of Being Convicted of Identity Theft Crimes?

Identity theft can be pursued as a crime on both the federal and state levels. On the federal level, these charges are significant and can lead to extensive consequences. Someone convicted on the federal level could face up to 15 years in federal prisons and high monetary fines. If the prosecutor links the identity theft to other crimes, the repercussions become even harsher.

The state of Georgia also takes identity theft seriously. It’s considered a felony, which is a more severe charge than a misdemeanor. A first conviction in Georgia can lead to 1-10 years in prison, a fine of up to $100,000, or both. Subsequent convictions can lead to 3-15 years in prison, a fine of up to $250,000, or both. In addition, the person convicted may be ordered to pay restitution to the victims of the crimes, which could easily be thousands of dollars.

Besides jail and fines, convictions have other long-term effects, including difficulty applying for housing, being hired for jobs, receiving approval for financial credit, and not being allowed to own a firearm or vote.

What Happens if Someone is Falsely Accused of Identity Theft?

It’s not really a step, but if law enforcement tracks you down and arrests you on these charges, remember you have the right to remain silent. It’s vital that you use that right. Once law enforcement has read you the Miranda Rights (which explain the right to remain silent), anything you say, even if you think it’s minor or proves innocence, could be used against you. Do not speak with law enforcement without an attorney present. Sometimes, law enforcement will try to imply that things will go smoothly if you just talk to them alone. Don’t do it. Your attorney will understand which questions you can answer and which you should avoid.

The first step should be reaching out to an experienced, knowledgeable identity theft defense attorney who understands the state and federal ramifications of these charges. Because the consequences of being convicted are so significant, it’s highly advisable to have an attorney representing you who can do everything possible to help you build a solid defense.

The next step is compiling evidence. Your attorney can help you identify possible evidence and how to collect it.

Finally, know that this is an incredibly stressful event. It’s easy to succumb to panic. As much as possible, don’t let yourself get into despair when you know you aren’t guilty. Your attorney may be able to alleviate some of your fears, depending on the charges and the evidence the prosecutor will present.

What Defenses Are Possible if I’ve Been Charged with Identity Theft?

One of the scarier parts of being charged with identity theft can be when someone realizes there are some circumstances that may make them look guilty. However, the prosecutor has to prove that there’s no reasonable doubt that the person charged is guilty. That can be more difficult for them in some cases.

There are multiple scenarios for building a defense in an identity theft case. Each case and its circumstances are unique, and there’s no one-size-fits-all approach to building the defense. The following are just examples of potential avenues to explore if you’ve been wrongly charged.

Alibi. This means being able to prove that you weren’t in the right place or time to commit the crime and, therefore, couldn’t have done it.
Mistaken identity. This involves proving that the person accusing you of identity theft has the wrong person. It often is connected to insufficient evidence to prove the crime.

Consent. In some cases, the person charged with identity theft believed they had the consent of the person whose identity was stolen.
Lack of intent. Proving crimes usually means having to prove there was intent for the crime to be committed. It’s possible to prove that you had no intent to steal someone’s identity.

fIllegal search and seizure. Suppose law enforcement didn’t use the required tactics when searching and seizing evidence (for example, from your computer). In that case, the evidence they collected may be deemed inadmissible, which could stop the case.

What Should I Do if I’ve Been Wrongly Accused of Identity Theft?

Call Mones Law as soon as possible at 678-616-2647 to request a free 60-minute consultation. These are complex cases that should be handled by a team of professional attorneys with experience in federal criminal and identity theft charges. The consequences of a conviction are significant, and the sooner you can begin working with your attorney, the better. We can review the specifics of your charges and evidence and help you understand what the right approach for the best outcomes may be.