Who used the information
Many identity theft defense strategies begin with attribution. Accounts can be opened from a shared computer, a phone used by several family members, or a Wi-Fi network that others connect to, and an IP address or a delivery address does not always identify the person who acted. Packages addressed to a home may have been ordered by someone else who lives or stays there. Surveillance footage, device data, and handwriting can cut either way and need careful review. Sometimes the defendant's own identity was used too, and the trail leads to a third party who exploited both.
Consent, intent, and how the charges are stacked
Permission from the person whose information was used can change the picture, though it does not always defeat a charge, and people sometimes later deny consent they gave. Messages, shared accounts, and the history between the two people can matter a great deal. Identity theft charges also require proof of the purpose behind the use, which is often contested. In New York, identity theft is charged in degrees, often alongside possession of stolen property, forgery, or larceny. Federal prosecutors may add an aggravated identity theft count on top of fraud charges, and the Supreme Court has in recent years narrowed when that charge applies. How the counts are combined affects both the risk at trial and any negotiated resolution.
Building the record and next steps
Bring anything that shows who had access to the devices and accounts involved, any communications with the person whose information was used, and your own financial records for the relevant period. Do not reach out to that person to discuss the case, especially if an order of protection is in place. If you are not a U.S. citizen, these charges can carry immigration consequences that need separate attention before any plea. At the first meeting we go through the complaint or indictment and the evidence described in it, identify which facts are disputed, and consider whether early motions or a request for specific records should come first.
