Charged with Identity Theft in Minnesota?

If an individual is charged with identity theft in Minnesota, this crime is punishable under state and federal law as both a state and federal crime. Prior to 1998, identity theft was treated as a state crime, in cases known as “false personation.” Today, these crimes are also federal crimes that carry more serious legal repercussions.

What Is Identity Theft?

Identity theft is a crime that involves one person taking the personal identifying details that belong to another individual, without that individual’s consent. The information stolen in cases of identity theft could include a variety of identifying data such as social security numbers and birth dates.

Additionally, identity theft could entail the selling, transfer, or use of the information taken, which offenders may use to impersonate victims. Identity thieves often use the information stolen to commit financial fraud, from taking loans in another person’s name to committing different types of forgery.

Today, identity theft often takes place online, where millions of people store personal identifying information that can fall into the wrong hands through keylogging, data breaches, and other methods.

What Are the Penalties in Minnesota?

In Minnesota, the definition of identity theft is any crime committed involving the possession, transfer, or use of identifying information that doesn’t belong to the offender, with the intention of committing, aiding, or abetting any type of criminal activity. The penalties for identity theft crimes in Minnesota will depend on several factors, including the amount of money lost as a result of the theft. In addition to a possible prison sentence of up to 10 years for more serious identity theft crimes, victims may be able to seek restitution.

Federal Penalties for Identity Theft

The penalties for federal identity theft crimes can be severe. If convicted, perpetrators face up to 15 years in prison along with hefty fines. Oftentimes, identity theft crimes are connected to other types of federal crimes that could lead to additional prison sentences and fines. When investigating these types of crimes, multiple federal agencies may be involved, including the Federal Trade Commission (FTC), the Postal Inspection Service, the FBI, or the Secret Service.

Both on the state and federal levels, identity theft is a serious crime that can lead to decades in prison and steep financial penalties for individuals if convicted.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

How a DWI Affects CDL Holders in Minnesota

Commercial motor vehicle drivers arrested or charged with driving while impaired (DWI) may need to know how a DWI affects CDL holders in Minnesota. You will lose your Commercial Driver’s License (CDL) for at least a year if you are convicted of DWI for the first time, and forever after a second conviction. The consequences go beyond the immediate legal implications of a DWI conviction. A CDL suspension or revocation will lead to job loss, difficulty finding employment, and serious financial challenges.

How a DWI Affects Rideshare Drivers in Minnesota

Knowing how a DWI affects rideshare drivers in Minnesota allows you to take the right steps to protect your license and livelihood. A DWI conviction will lead to suspension or cancellation of your driver’s license. Once you lose your license, you will be ineligible for a work permit required to work for rideshare companies as a driver. You may also face jail time, fines, or ignition interlock device (IID) installation, depending on the seriousness and number of related offenses on your record.

Can Police Search Your Phone Without a Warrant in Minnesota?

People under criminal investigation or whose phones have been seized by law enforcement officers may ask, “Can police search your phone without a warrant in Minnesota?” It’s illegal for police to search your phone without a warrant. However, there are exceptions to the warrant requirement. These exceptions include when you consent to the search, someone’s life is in danger, or there is an immediate risk of evidence destruction.