It’s a normal day at work. You’ve gotten a few things done, had a productive morning, and now the day is winding to close. You get a call – or worse, a visit – from local police, who want very much to know why you’ve been opening credit cards in other people’s names.
Identity theft is a serious crime, and it’s victims often face long-lasting consequences beyond the financial. Smart criminals will use your name, email, and other identifying information to open accounts and commit crimes – that way when law enforcement finally comes down it’s on you, not them.
In this article, we’ll talk about what false identity theft charges look like and what you can do about them.
Step 1: Stay Calm and Don’t Panic
Calls from the police (or more likely the FBI) are rarely good news. But those are the lucky ones. The unlucky victims find themselves called into HR because a routine background check shows an open arrest warrant – or worse, they find themselves being visited at their place of employment.
The first step in this case is to take a breath. Someone has stolen your information, and that’s all the police need to know. Take a minute to collect yourself. Limit what you say to the police. You can tell them (truthfully) that you believe you are a victim of identity theft and that you’d like some time to review your accounts and speak with a lawyer.
You can also offer to call them back or visit the station at a future date.
Why do I need an attorney? Can’t I just tell them the truth?
Yes, you can tell law enforcement the truth. However, you also have to be careful with what information you share. If, for instance, you tell law enforcement that you had “no knowledge of opening credit card accounts” and it is later found that several confirmation emails were sent to your address, you may be in hot water.
Lawyers do not necessarily make you look guilty. Instead, they are there to make sure that you don’t accidentally incriminate yourself by sharing the wrong information. Lawyers also file paperwork, help gather evidence, and represent you to law enforcement in the case of an open arrest warrant and to the court in the case of a trial.
Step 2: Gather Evidence and Documentation
Once you have secured legal representation, work with your attorney to gather all relevant evidence that can support your defense. Identity theft cases often involve financial records, digital evidence, and personal information. It’s crucial to:
- Collect Financial Statements: Obtain copies of bank statements, credit card transactions, and other financial documents that could demonstrate your innocence or establish an alibi.
- Review Electronic Devices: In many cases, identity theft charges involve the use of computers or smartphones. Make sure your attorney reviews your electronic devices for any evidence that may help in your defense.
- Witnesses and Alibis: If you can establish that you were not involved in the crime, identify witnesses or alibis who can support your version of events.
Some “evidence,” like confirmation emails for opened accounts, may be explained away as spam. However, the police may not see things the same way. That’s why lawyers are important – they help you find evidence and build the whole picture to present to law enforcement.
Step 3: Understand the Charges Against You
Identity theft is a broad charge that can include several different forms of illegal activity, such as credit card fraud, Social Security number theft, or using someone else’s information to obtain loans. It’s important to understand the specifics of the charges you’re facing so that you and your attorney can build an effective defense.
Some common forms of identity theft include:
- Financial Identity Theft: Using another person’s information to access their bank accounts or open new lines of credit.
- Medical Identity Theft: Using someone else’s personal information to obtain medical care or submit false insurance claims.
- Criminal Identity Theft: Using someone else’s identity during an arrest or other legal interaction to avoid detection by law enforcement.
Step 4: Legal Representation
With any luck, your case will be resolved without needing to go to trial. If you are a victim of identity theft, there are likely dozens of others that can be traced back to the same person.
However, if police still do not believe you are innocent, or if you waited until after being fully charged with identity theft to contact an attorney, the case will likely go to trial.
Pre-trial, your attorney will file the necessary paperwork to curtail the amount of evidence presented by the prosecution and gather witnesses to testify your location during supposed identity theft events.
At trial, your attorney will interview the witnesses, present strong evidence and seek to prove that you could not have committed identity theft.
Post-trial, you will hopefully have a successful verdict. Your attorney will direct you to resources to ensure your name and accounts are squared away and in your hands. If you did not receive a successful verdict, your attorney will seek to reduce the sentencing and appeal, if possible.
Additional Resources
- Michigan Compiled Laws-Section 445.65: defines the Identity Theft Protection Act as someone obtaining credit, goods, services, money, property, a vital record, a confidential telephone record, medical records or information, or employment with intent to defraud or violate the law while using the personal identifying information of another person.
Identity Theft Attorney in Bloomfield Hills, Michigan
If you are under investigation for identity theft then contact attorney J. Dallo. Don’t wait another moment for excellent legal representation that could protect your rights and future. Call J. Dallo at (248) 283-7000 today for a consultation.
Dallo Law, P.C. accepts clients throughout Macomb County and Oakland County including Bloomfield Hills, Pontiac, Warren, Easpointe, Utica, St. Clair Shores, Sterling Heights, Roseville, Rochester Hills, Novi, Waterford Township, Southfield, Troy, Royal Oak, and Clarkston.