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Mark I. Cohen, ESQ. NYC Criminal Attorney

What To Do If Wrongfully Accused Of Identity Theft

IdentityTheft

Identity theft involves a person stealing another person’s personal identification information. This is a serious crime in the U.S. If you are convicted of identity theft, you could pay huge fines and/or spend years in jail.

Unfortunately, people are wrongfully charged with identity theft all the time. What do you do if you are wrongfully arrested and charged with identity theft? Navigating such a situation can be challenging, but we are here to help make things easier. This article discusses the steps to take if wrongfully accused of identity theft.

Why Wrongful Charges of Identity Theft Arise

Before discussing what you should do if wrongfully charged with identity theft, it is vital to first discuss the honest mistakes that can result in identity theft charges. The following are some of the honest mistakes that can result in a person being wrongfully charged with identity theft;

  • Believing someone had given consent
  • Sharing digital devices
  • Accessing public computers

For example, if you use public computers, you may not have realized that you used someone else’s account to make a purchase. It is common for people to forget to log out of public computers. While some people use public computers to steal other people’s information, others use other people’s accounts by mistake.

Also, wrongful identity theft charges can arise due to mistaken identities and misunderstandings.

What To Do if Wrongfully Charged With Identity Theft

Firstly, if you are wrongfully charged with identity theft, you need to gather relevant evidence. For example, suppose you were wrongfully charged because you had sensitive bank information that belonged to another person in your possession. In such a case, if that information was sent to your house by mistake, you could, for example, gather evidence showing that the person used to reside at your address and failed to update their address when they moved. Also, evidence that you did not use the information you had in your possession can help you prove that you did not intentionally steal the information.

Secondly, it would be best to work with a skilled criminal defense attorney if you are being wrongfully charged with identity theft. An attorney can help you understand your legal options and determine the best and safest option for your case, which can help you prove your innocence or minimize the consequences.

Additionally, you must not panic if you are being wrongfully charged with identity theft, as panicking will only make matters worse. If there are some legal complications you do not understand, you should talk to your attorney instead of panicking. Remember, your criminal defense attorney understands the law and can provide you with all the information and help you need.

Lastly, exercise your right to remain silent if you are wrongfully charged with identity theft. Speaking to law enforcement officers without your attorney present will most likely only make things worse for you. For example, you may make incriminating statements if you speak to law enforcement officers without your attorney present.

Contact a Qualified NYC Criminal Defense Attorney

If you believe you are being wrongfully charged with identity theft, contact the experienced and dedicated NYC criminal defense attorney, Mark I. Cohen, at 212-732-0002.

Source:

nysenate.gov/legislation/laws/PEN/P3TKA190

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