Hampton Roads Identity Theft Lawyer

Identity theft is a felony. Often it is part of those clusters of charges that tend to come together, so a person will probably not be looking at just one charge. There can be serious consequences and penalties associated with a conviction. A person is going to want a seasoned Hampton Roads identity theft lawyer to help them deal with possibly a significant number of felonies.

If you are using someone else’s credit card without their consent, and the rightful owner notices charges that were not authorized, they will initiate an investigation. A person can be caught for credit card fraud and identity theft. If you are facing identity theft charges, it is essential that you consult an experienced fraud attorney who has experience working on these types of charges.

Legal Definitions

The legal definition of identity theft is an individual using someone else’s name, image, likeness, or identifying information without their permission for personal gain.

Usual offenses of identity theft involve credit card theft and credit card fraud charges, and bad check charges. It is when a person takes someone’s identity and uses that identity for their personal gain. That is what generally happens when these charges come up.

Consequences and Penalties

There are immediate and long-term consequences if someone is convicted of identity theft. A person is going to be considered a felon. The most immediate one is that the judge will find them as a felon and they will probably lose their job, depending on what kind of work they do.

This is considered a crime of moral turpitude, so if a person gets a conviction for this type of charge, it is going to be something that can be brought up later in court proceedings if they have to testify if they were charged. Usually, if a person testifies in a later court proceeding, it is something that can be brought up. It is going to make it harder for a person to get a job because people will regard them as not trustworthy.

Considering a Plea Deal

A person should consider taking a plea deal when the value of taking a plea outweighs the risks and benefits of going to trial. What happens with these types of cases involving a plea deal, the lawyer sits down with their client and goes over what the offer is, what the benefits are, and what the downsides are with taking the deal. They talk about what would happen if they proceeded to trial, the likelihood of success, and what the possible punishments would be. Often, this is the case where there is a low likelihood of success and the sentencing outcome would be worse than the plea offer.

Lawyers encourage the person to take the plea offer. Ultimately, the decision on whether or not to accept the plea rests with the individual. A Hampton Roads identity theft lawyer can advise the person what to do, but they cannot make them take an offer.

Role of an Attorney

If someone seeks an attorney, they are going to want a local lawyer who has extensive experience handling these types of cases. A Hampton Roads identity theft lawyer wants to know what the charges the person is facing when the court date is, and if this is a situation where they have alibi witnesses. Attorneys are going to want those witnesses available and know their names so that they can present that to the court. They want to say they have people who will testify otherwise if they could not use their innocence to say this was a mistake. Witnesses may say they were somewhere else if they have documentation showing that they had the authorization to do everything they are accused of, they will want that as well. Any evidence is imperative to creating a strong defense strategy.