Encinitas Identity Theft Defense Attorneys
We now find ourselves in a world run by constantly evolving technologies and innovations. Unfortunately, the means to commit identity theft are constantly evolving as well. Identity theft is the crime of deliberately using another person’s identity or personal information, usually for the purpose of gaining financial advantage or obtaining credit, property, services, or other benefits.
It has been called by many sources as the fastest growing crime in the United States. In the year 2018 alone, over 3 million reports of identity theft and fraud were received. In that same year, the state of California ranked third in the most number of identity theft complaints with 73,668.
Identity theft is a serious issue with serious consequences. If you find yourself being accused of it here in Encinitas, it’s important that you get a skilled defense attorney by your side as soon as possible.
Here at Lee Law Group, our identity theft defense attorneys are ready to use their expertise and years of experience to give you the support, guidance, and representation that you need in a complex legal battle such as this.
Call Lee Law Group at (619) 349-1588 for a Free Consultation!
Dedicated Theft Defense Lawyers
Getting arrested for identity theft here in Encinitas can be a scary and stressful experience; you may feel like you’re already on the losing end. It’s important that you keep calm and remember that you have rights.
Prior to any police interrogation, the Miranda Warning must be administered. It’s important that you invoke your right to an attorney and your right to remain silent. Do not speak to anyone or answer any questions outside the presence of your attorney. Our identity theft defense attorneys here at Lee Law Group are committed to protecting, guiding, and defending you throughout the legal battle.
Penalties for Identity Theft
In the state of California, identity theft is considered a “wobbler.” This means that it is an offense that can be charged, prosecuted, and punished either as a felony or a misdemeanor, depending on the facts of the case as well as the defendant’s prior criminal history.
If charged as a misdemeanor, identity theft can be punishable by a fine not more than $1000, by imprisonment in a county jail not more than 1 year, or both. If charged as a felony under section 530.5 of the California Penal Code, identity theft can be punishable by a fine not more than $10,000, by imprisonment in a county jail for 16 months to 3 years, or both.
Defending yourself from identity theft charges is definitely going to be tough, which is why you need a tough defense by established and accomplished Encinitas identity theft attorneys. That’s exactly what our team here at Lee Law Group is ready to give you. Our dedicated defense lawyers look forward to safeguarding your rights and protecting you from unfair treatment.
When You Are Falsely Accused
False and groundless accusations have the potential to break families, ruin futures, and compromise lives. These may sound like things you only see on television, but they unfortunately do happen to a lot of people in real life. If you find yourself in a situation where you are being falsely accused of identity theft, our defense attorneys here at Lee Law Group are ready and equipped to assist you and to prove your innocence. Here are two legal defenses that we can use to do that:
- Lack of unlawful purpose. The crime of identity theft involves knowingly selling, transferring or conveying another person’s personal identifying information to facilitate its unauthorized use. If you obtained someone else’s personal identity information in the form of credit card details but did not use it for illegal or unlawful purposes, you cannot be convicted of the crime.
- No fraudulent intent. The crime of identity theft involves the fraudulent possession, sale, transfer, or conveyance of another person’s personal identifying information. If you obtained another person’s credit card and used it to purchase items because you genuinely believed it to be yours, you cannot be convicted of the crime because you had no intention to defraud the other person. What happened was simply an honest mistake.
Being falsely accused of a crime you did not commit (or at least did not intend to) can be traumatizing; and we definitely do not want that for you. Whether you are charged with a crime you did not commit or are being tried on groundless charges, Lee Law Group is here to protect you from injustice and unfairness.
The Criminal Defense Process
Processes in the court system can be overwhelming and confusing especially if you are not familiar with it. Here at Lee Law Group, we will take you through each step and what to expect. We will ensure that you are prepared. Knowing each process ensures that you know how to protect yourself.
Each step is important as your life can change in the blink of an eye. Being well-prepared with a strong legal team behind you ensures that you are given the justice that you deserve.
Investigation: Involves collecting crime scene and related evidence and interviewing key witnesses to piece together the events surrounding the possible crime. You may be questioned and even subject to a search of your property. Even at this early stage, you will benefit from the support of an experienced attorney. A legal expert can help you prepare, how to conduct yourself, which questions to answer, and your rights during the investigation.
Arrests and Charges: If the investigation points to your guilt, then you may be arrested. At this point, the police can conduct a search without a warrant. However, they need a probable cause to charge you with the crime.
Arraignment: This is your first chance to appear in court where you will be read your charges and explained your rights. You will enter a plea which will be either not guilty, guilty, or no contest. It is important to consult with your defense lawyer to understand the pros and cons of each plea before making any decisions.
Bail: Bail may be addressed during your arraignment or on a separate hearing. The judge may release you without bail, set bail, or deny bail.
Pretrial: During this step, your defense attorney and the prosecution will build their respective cases. They may file motions to address various legal issues including any of your rights which were violated during the search or investigation. Your lawyer may also challenge any evidence against you.
Trial: Each side will present relevant evidence, testimony, and arguments to a judge or a jury. The prosecutor should prove your guilt beyond any reasonable doubt. You should be backed by an experienced legal team to give you a fighting chance.
Sentencing: This happens on a separate hearing where the judge will hear recommendations from prosecution and your defense lawyer about the appropriate sentence.
Appeals: When found guilty, you still have the right to appeal the verdict. At this step, you will need the support of an aggressive defense attorney to fight for you. You can either appeal due to errors during the process or the lack of evidence to support the verdict.
Having the support of a skilled, experienced attorney in Encinitascan greatly affect your ability to obtain a favorable resolution. The dedicated criminal defense trial lawyers at Lee Law Group provide expert legal support during the whole process.
Whether you have been arrested in Encinitas, CA for a DUI crime, drug trafficking, drug paraphernalia, or other drug charges, white collar crimes, domestic battery, assault and battery, sex crimes or sexual assault, theft charges, child abuse or other felony offenses, our aggressive San Diego criminal attorneys are ready to fight for you.
Let’s Talk Now- Free Consultation
An identity theft accusation or charge threatens so many important areas in your life—the freedom you presently enjoy, the future you get to spend with loved ones, and the reputation you’ve spent your whole life building. Having been a trusted Encinitas law firm, we know that you’d fight tooth and nail to defend your innocence and protect your rights—we want you to know that we’d do the exact same for you!
Lee Law Group is ready to provide you with the fierce identity theft defense that you deserve. From meticulous research, to insightful advice, to careful processing, to aggressive court representation, we’ve got your back!
Call Lee Law Group today at (619) 349-1588 for your Free Consultation!