Minneapolis Identity Theft Lawyers
Despite increasing legislation regarding the activity, identity theft in Minnesota and across the country continues to rise. Federal prosecutors will act aggressively in pursuing a case, often seeking the maximum penalties.
The Minneapolis identity theft lawyers at Keller Criminal Defense Attorneys have more than 25 years of experience defending clients in these and similar cases. Let our law firm help you fight a conviction.
We provide free initial consultations to all clients. To schedule an appointment, contact us Today.
Do You Need to Hire an Identity Theft Attorney in Minnesota?
Immediate legal representation is crucial to protect your rights and achieve the best possible outcome. If you are under investigation for identity theft, or you have already been arrested, hire an experienced identity theft defense lawyer right away. An identity theft conviction can result in steep fines and significant time behind bars. The skilled defense attorneys at our law firm can help navigate the complexities of Minnesota’s legal system, challenge the prosecution’s evidence, and develop a robust defense strategy tailored to your case.
We provide free initial consultations to all clients. To schedule an appointment, contact us Today.
Contact a Minnesota identity theft attorney at Keller Criminal Defense Attorneys for help.
What Is Identity Theft?
Identity theft is a serious crime that impacts millions of people every year. 2022 Identity theft facts and statistics reveal that approximately 507 million fraud and identity theft reports were made to the FTC in 2021.
According to Minnesota statute, an identity theft charge can involve the illegal use of:
- Someone’s name, date of birth, Social Security number or taxpayer identification
- Someone’s electronic identification number, address or routing code
- Someone’s telecommunication access device or identification information
In most cases in Minnesota, identity theft charges involve a person using someone else’s name and/or information without permission to obtain property or achieve financial gain. Examples of identity theft include:
- Filing a tax return in someone else’s name to obtain a refund
- Applying for or getting a loan or credit card using someone else’s information
- Using another person’s credit card to make a purchase or withdraw money
It is also considered a crime to set up a website or send an email with the intention of obtaining someone’s identity, even if the person is never successful in doing so.
Our Minneapolis Identity Theft Lawyers Fight Harsh Charges and Penalties in Minnesota
Identity theft charges can range from misdemeanor to felony. The amount of losses an alleged victim incurs as well as how many victims are involved will determine the severity of the crime.
If the offense is in regard to just one victim and the total loss is $250 or less, the identity theft charge is usually a misdemeanor. Even a misdemeanor conviction, however, can result in up to 90 days in jail and fines of up to $1,000.
An identity theft crime involving two or three victims, with losses that total up to $2,500, could mean that a defendant will receive up to five years behind bars and fines of up to $10,000.
In the most extreme identity theft cases, where there are eight or more direct victims, and/or over $35,000 in total losses, people who are convicted may be ordered to pay fines of up to $100,000 and spend up to 20 years in prison.
With advances in technology, identity theft now encompasses people who are using a device to transmit, copy or change people’s credit card information. A conviction in this area is punishable by fines of as much as $5,000 and prison time up to five years.
Defense Strategies Against Identity Theft Charges
When facing identity theft allegations, it’s crucial to develop a robust defense strategy, as these charges can lead to hefty fines and imprisonment. Defense strategies focus on challenging the prosecution’s evidence, proving your innocence, or demonstrating mitigating circumstances.
Challenging the Prosecution's Evidence
One of the primary defense strategies is to scrutinize the evidence presented by the prosecution. This involves examining the chain of custody, ensuring the evidence was legally obtained, and identifying any inconsistencies or gaps in the prosecution’s case. For instance, if the evidence was collected through an unlawful search and seizure, it might be inadmissible in court. Additionally, the defense can argue that the evidence does not conclusively link the defendant to the crime, raising doubts about his or her involvement.
Proving Lack of Intent
Identity theft charges hinge on proving the defendant’s intent to commit fraud. A defense strategy can focus on demonstrating that the defendant lacked the intent to use another person’s identity for fraudulent purposes. This can be done by providing context or explanations for the defendant’s actions that suggest no criminal intent. For example, if the defendant had permission to use the identity or was unaware that his or her actions were illegal, it could weaken the prosecution’s case.
Presenting an Alibi or Alternative Suspects
Providing an alibi that places the defendant elsewhere at the time the crime was committed can be a powerful defense. Similarly, introducing evidence that suggests another person could have committed the identity theft can create reasonable doubt. This might involve identifying individuals with access to the stolen information or a motive to commit the crime.
Highlighting Mistaken Identity
In some cases, identity theft charges result from mistaken identity. The defense can argue that the defendant was wrongfully accused and that someone else used his or her identity to commit the crime. Presenting evidence such as surveillance footage, witness testimony, or digital records can help establish that the defendant was not the perpetrator.
Negotiating Plea Bargains
When the evidence against the defendant is strong, negotiating a plea bargain with the prosecution might be a strategic move. This can result in reduced charges or a more lenient sentence, minimizing the long-term impact on the defendant’s life.
Defending against identity theft charges requires a multifaceted approach, focusing on discrediting the prosecution’s evidence, proving lack of intent, providing alibis, and exploring alternative suspects or mistaken identity claims. Consulting with a knowledgeable identity theft attorney is crucial to navigate the complexities of these cases effectively.
Why Hire Our Minneapolis Identity Theft Lawyers to Handle Your Case?
Prosecution is aggressive for identity theft crimes in Minnesota. As such, you are advised to work with identity theft lawyers who are experienced with these types of cases. At Keller Criminal Defense Attorneys, we can help you understand what to expect during an identity theft investigation. Our criminal defense team will:
- ensure your rights are protected as your case progresses
- identify holes in the prosecution’s case
- significantly improve your chances of achieving a successful outcome
Our identity theft lawyers represent people in Minneapolis, St. Paul, and the surrounding communities who have been charged with identity theft and other crimes. Our law firm is available 24 hours a day, 7 days a week. We offer free initial consultations for people facing criminal charges.
FAQs About Identity Theft Cases in Minnesota
What Is the Best Defense Against Identity Theft?
The best defense against identity theft charges involves challenging the prosecution’s evidence, demonstrating lack of intent, and providing a strong alibi. Scrutinize the legality and chain of custody of evidence, show that you did not intend to commit fraud, and establish your presence elsewhere during the crime. Introducing evidence suggesting another suspect or mistaken identity can also create reasonable doubt, bolstering the defense. Hiring an experienced attorney is crucial for navigating these defenses effectively.
Can I Defend Myself Against Identity Theft Allegations?
Defending yourself against identity theft allegations is not recommended. The legal complexities and consequences, including fines and imprisonment, necessitate attorney knowledge. An experienced attorney can scrutinize the prosecution’s evidence, develop a robust defense strategy, and protect your rights. While self-representation is possible, it reduces your chances of a favorable outcome. Legal representation is crucial for effectively navigating the charges and mitigating penalties.
What Are the Charges for Identity Theft in Minnesota?
In Minnesota, identity theft charges can lead to severe penalties. Depending on the severity and amount involved, it can range from a misdemeanor to a felony. Penalties may include fines up to $100,000, imprisonment for up to 20 years, or both. The severity of the charges depends on factors like the value of stolen assets, number of victims, and whether the defendant has prior convictions.
