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Birmingham Identity Theft Lawyer
Identity theft is defined as using the personal information of another person for financial gain. It refers to everything from opening a cell phone account in the name of another person to applying for loans and mortgages in the name of another person.
The type of identity theft charges a person receives will depend on the nature and severity of the alleged crime, and individuals who have been convicted before will automatically receive harsher punishments.
If you have been charged with identity theft, you may need a Birmingham identity theft lawyer to defend your rights in court. Before you contact an experienced defense attorney, read the following information to learn more about identity theft.What Constitutes Identity Theft?
Identity theft refers to a wide range of illegal behaviors that involve using the personal information of another person without their permission. Individuals can be charged with identity theft if they engage in any of the following actions:
- Filling out false applications for credit cards or loans
- Using the online account of another person without their permission
- Making fraudulent withdrawals from the bank account of another person
- Obtaining privileges or gifts reserved for another person
Using the personal information of another person to do any of the above can result in a criminal charge. If a person is charged with this crime, they could benefit from the help of a Birmingham identity theft lawyer.Defenses to Identity Theft Charges
Contrary to what many people think, it is not impossible to defend against charges of identity theft. During a trial, a Birmingham identity theft lawyer may attempt to assemble a defense based on:
- Lack of Criminal Intent – As mentioned above, mistakes can happen, and it is possible for individuals to accidentally commit identity theft. For example, if a person uses a debit or credit card that another person always allows them to use, and the owner contacts law enforcement, a lawyer may be able to get the charges reduced or dismissed completely. Also, if a person provides another person with illegally obtained information, and the person does not know it is illegal, the person who uses the information is not guilty of identity theft
- Mistake of Fact – The defense will attempt to point out flaws and contradictions in the arguments of the prosecutor and statements provided by the alleged plaintiff
- Impaired Judgement – When a person suffers from a mental disorder or disability, they often have difficulty making rational decisions. If a person suffers from a psychiatric condition that impairs their reasoning skills, such as dementia or bipolar disorder, they may be able to get their charges reduced or dismissed
- Evidence Issues – Was the evidence against the defendant obtained legally? Often, in an attempt to get an individual convicted of identity theft, law enforcement officials violate the rights of suspects. If law enforcement agents violated the rights of the defendant to obtain evidence, the court may not be able to convict the defendant
If you have been charged with identity theft, you should contact a Birmingham identity theft lawyer as soon as possible. The longer you wait, the more difficult it will be to prove your innocence, so you certainly will want a lawyer to start working for your immediately. Call today to learn more.