A Criminal Attorney Explains Unlawful Intent and Identity Theft Charges

In California, it is important to work with a criminal attorney if you are charged or implicated in an identity theft crime. While, in some states, you will need to have personally harmed someone in order to be convicted, the laws are different California.  Here, you can be charged with identity theft merely by transferring information to someone who later uses it to harm another.

These are serious criminal charges that can result in jail time and a fine.  Unfortunately, to be convicted of identity theft can be easy for the prosecution.  If, for example, you were in a relationship and opened a credit card for your significant other based on a conversation you two had – they could come back and say that you stole their identity.  With that in mind, here is what you need to know.

What is “unlawful purpose”?
In the state of California, identity theft can occur when there is an unlawful purpose.  This is the intent provision.  If you obtain information about someone and intend to do something illegal with that information, that is unlawful purpose. You can also be charged with a crime if you obtain information on someone and either transfer or sell it to someone else that is going to do something illegal with it. This aspect of the law can get tricky as you may have innocently shared information, not knowing the character of who you were sharing it with.  As a criminal attorney, we can use this to build a defense. 

What information is illegal to take?
Surprisingly, this includes far more than a social security number.  Did you know that it is illegal to obtain someone’s phone number with an unlawful purpose?  This basic information is typically publicly available but, if used to accomplish something illegal, it could be considered identity theft.  It is also illegal to take more sensitive information like a passport ID number and social security number. 

What is illegal?
With identity theft laws, you cannot open a credit card or obtain property in someone else’s name.  For example, you cannot buy a house in your mother’s name or open a credit card and start spending money.   It is important to note that you cannot obtain medical information either. 

Penalties
The exact penalty will be based on the damage suffered by the victim.  For example, if the victim lost $100 the penalty would be far less than if a home was bought in their name and foreclosed on.  Those that are convicted of identity theft can face a combination of time in prison and paying a fine.  

As a criminal attorney, we recommend seeking professional help if you are charged with a crime of any kind, including identity theft.  Even if you did not intend to take someone’s identity or transfer information, that defense is not enough without an attorney.  Our job is to prove your innocence in court or create enough reasonable doubt that a jury would have difficulty convicting you.  To get help, call our office right away.

A Criminal Attorney Can Walk You Through the Arrest and Trial Process

Martina A. Vigil is a criminal attorney that can assist you after being arrested.  For most people getting arrested is a frightening ordeal and the process of subsequently appearing in court can be just as overwhelming.  Working with an experienced lawyer is important because being innocent is not enough.  Your lawyer must build a strong defense in order to present mitigating factors in a way that the jury believes or at least has enough reasonable doubt to not convict you.

Additionally, there are protocols and timelines that must be followed per court procedure.  If you try to represent yourself and miss a deadline or fail to file a document such as a witness list, the prosecutor will use this against you in court and try to prevent key evidence from being submitted or a witness from being able to speak.  Important tools such as a subpoena must be issued a certain number of days before trial begins, etc.  These are the nuances that make it difficult to represent yourself in court and why working with a lawyer is so important.

What you should know about the process.

Your prosecution begins with the arrest itself.  Police officers cannot arrest you without probable cause.  This means that they need to have a reasonable amount of suspicion to believe that a crime was committed and you committed that crime prior to arresting you.  If they did not have the requisite amount of suspicion, the officers did not act lawfully when making the arrest and the case may be eligible for dismissal.  The same is true for search and seizure.  If the arrest took place because of something they found in your possession, but the search was done illegally, the evidence may be inadmissible in court, making the prosecution’s case weaker. As a criminal attorney, Ms. Vigil can review your arrest report and identify any holes or weaknesses that exist.

After you are out on bail, a hearing will be held to determine whether or not the case should proceed to trial.  Depending on the type of charges that were brought against you, this could be a probable cause hearing to determine if the case will move toward an indictment.  Your lawyer will have the opportunity voice a defense and reasons why the charges should be dismissed while the prosecutor will have an opportunity to prove that there is probable cause to proceed with the prosecution.  The judge will make the ultimate decision.

The discovery process begins once a court date is set.  This is extremely important because you have the right to request copies of the police report, any and all evidence the prosecutor intends on using against you, and the prosecutor’s witness list.  Review each item carefully with your criminal attorney to determine any possible defenses you may have and any weaknesses in the prosecutor’s case that may be beneficial for you. This is also the time where you need to provide your lawyer with anything that supports your innocence or provides that reasonable doubt.  Witnesses should also be identified and interviewed.

At trial, a good criminal attorney will present your case in the best possible light and mount a strong defense that is supported by evidence and conduct cross examination that weakens the prosecution’s theory.  The goal is to create enough reasonable doubt that the jury will avoid convicting you.  Ms. Vigil is an excellent attorney and will do just that – build a strong defense and fight for your rights.