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Fraud & White Collar

Identity Theft Charges

The arrest may have started with something small, a card that did not work at a register or a package picked up under another name, and then the charges multiplied once police looked through a phone or a bag.

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01 GUIDE

Identity Theft Charges: what usually happens

How these charges are put together

Identity theft charges usually accuse someone of using another person's identifying information, such as a name or account number, for their own gain or to carry out another offense. New York grades the offense by degrees and often charges it together with other theft or forgery counts, so a single incident can produce a stack of charges. Federal cases can add an aggravated identity theft count that changes the sentencing picture considerably. Some cases involve a single transaction, others a larger operation in which the accused is said to have played one part among several people.

What the evidence usually turns on

Having cards or documents in your possession does not automatically show who used them or what you knew about where they came from. The contested ground is often whether the accused knew the information belonged to someone else and meant to use it, and whether the digital trail actually points to them rather than to a shared device, a shared address, or someone else in the group. Store video, delivery records, login histories, and phone extractions all come into play, and each has gaps. Do not write about the facts to anyone other than your lawyer, including friends or co-defendants, and do not post about the case.

Bringing the right material

Bring the charging papers, any bail or release conditions, property vouchers listing what was taken, and the paperwork from any search of a phone or home. If you are not a U.S. citizen, tell us at the start, because fraud-related convictions can carry serious immigration consequences that need to be weighed before any plea is discussed. Let us know too if you hold a professional license or work in banking, health care, or another field that runs background checks. Once we have the charging papers, we walk through the evidence the prosecution is likely to rely on and explain the next court dates and what happens at each.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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06 OFFICES

Where we meet clients

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Attorney Advertising. This page is general information about identity theft charges and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.