Aggressive Legal Advocacy In Municipal, State And Federal Courts

What defense options do I have in my identity theft charges?

On Behalf of | Nov 26, 2021 | Criminal Defense |

Let’s face it, identity theft is a serious crime. At the most basic level, this crime involves obtaining someone else’s personal data, often with the goal of using it to commit an offense or make a transaction without having such acts associated with the offender’s identity.

Sometimes, innocent actions can result in claims of identity theft. If you have been accused of identity theft, no matter the circumstances surrounding your accusation, it is important that you come up with a defense strategy to prove your innocence.

Here are some of the approaches you can use to defend yourself against identity theft accusations.

Insufficient or invalid evidence

All criminal cases require the prosecution to prove “beyond reasonable doubt” that the accused individual did commit the crime in question. Sometimes, the prosecution’s case might not be as strong as it ought to be due to lack of evidence. Additionally, evidence in any criminal case must be obtained through the right procedures. If the prosecution obtained the evidence against you unlawfully, your defense team may petition the court to throw that evidence out, which can considerably weaken the case against you.

Entrapment

Entrapment happens when someone from law enforcement coerces or compels you to commit a crime that you would otherwise not commit. To prove entrapment, you must point specific facts of the case that shows the following:

  • The police approached you and introduced and/or introduced the idea of committing the offense in question
  • You had no intention of committing the offense when you were first approached
  • Alongside providing the opportunity to commit the offense, the police also coerced or persuaded you to commit the question in question

Being accused of identity theft can leave you frightened and shocked. If you are accused of this offense, it is important that you figure out how to defend yourself and have your charges reduced or dropped.