Los angeles Identity Theft Attorney
WHAT IS YOUR BEST STRATEGY IF YOU HAVE AN IDENTITY THEFT CASE PENDING IN ONE OF THE LOS ANGELES COURTHOUSES?
In my experience, judges and prosecutors take these cases very seriously because they realize that the victim feels violated and this type of crime can cause many problems for the person that is involved. On the other hand, depending on the amount of the loss, Proposition 47 has been passed in California and it can be used to make the case a misdemeanor in many circumstances and avoid jail time. Hence, your strategy should be to find an attorney that has had success in the courthouse where your case is pending and has been down the path your are about to travel. In addition to the above proposition, there are other ways to get misdemeanors and even diversionary programs that avoid convictions completely.
When I meet with clients, I try and make it a key focus of the meeting to figure out what a game plan will be moving forward. In other words, once we identify the issues, it is next important to come up with a solution for many reasons. Knowing exactly how your case will be handled, what you can do to assist and what a likely outcome will be is critical in taking back control of your case and life. The feeling of helplessness when a criminal case is pending against you is one of the worst feelings in the world and one that can be alleviated in large part once you have a professional attorney on your team making the right moves for you.
There are defenses to identity theft that can be utilized to completely exonerate you or mitigate the damages to your rights, freedom, reputation and record. Each case spins on its own facts and must be evaluated based on the client’s life story and what evidence the prosecutors actually have to prove the case. It is important to have an attorney that has the dual ability to litigate and negotiate a criminal case. I have seen the prosecutors being unreasonable with a person that did something wrong, but did not do all of the crimes the prosecutor is accusing them of committing. This is where the case has to be chopped down to size so that it can be negotiated in a fair manner. Only through savvy litigation and know how can this be accomplished.
LEARN WHAT YOU CAN DO IN ORDER TO LESSON THE BLOW RELATED TO AN IDENTITY THEFT CASE IN LOS ANGELES COUNTY
Over the course of the past 25 years I have noticed that prosecutors feel as though one of their most important jobs is to try and make the victim in a criminal case whole. In other words, they believe they should do the best that they can in order to put the victim back in the place they were in before the crime. If I can figure out a way to make the victim whole in these identity theft related offenses, then I have been able to achieve great results for my clients. Sometimes the prosecutor will knock felonies down to misdemeanors and other times they will convert misdemeanor cases into a diversionary resolution, where the defendant can do a program and avoid the conviction and identity theft type case can bring to their life and record.
Another successful angle that I have used to achieve great results in identify theft offenses is to explain to the prosecutor and judge why my client became involved in the offense and show them why they will never do this type of thing again. For example, maybe the reason a person took another person’s identity and stole from them was because they were involved in drugs and were doing so to support their drug habit. If we can show the prosecutor that the defendant is prepared to do a drug program and get help for the root of the problem then they will be more likely to give them a chance to prove that they are on the right track and this will not happen again.
TRIAL IN IDENTITY THEFT OFFENSES
Sometimes a person charged with an identity theft case and they are completely innocent of the charges and the prosecutor has simply chosen to blame the wrong person. This is where the best criminal defense attorneys come to the surface and challenge the prosecutors to prove their case, and if they can not do so then the defendant should be found not guilty. There is a presumption of innocence in all criminal cases that says that a person is innocent unless and until the prosecutor can prove different. They do not always get it right and sometime the defendant is not guilty and should not have to plead guilty and take a conviction that brings with it a lot of negative stigma.
This negative stigma is something that must be deal with right in the beginning when it comes to a identity theft related offense. In other words, juries come in with their own bias in every single case. Everyone hates those people who steal other people’s identities and reek havoc on their life. They have a tendency to want to get the person and find them guilty before they ever hear one piece of evidence against them. I find myself telling the juries right from the beginning of the case that just because my client is charge with identity theft does not mean they are guilty and you as jurors have a duty to make sure that the prosecutor proves their case or you must find the defendant not guilty!
LEARN WHAT THE GOVERNMENT HAS TO PROVE IN AN IDENTIFY THEFT RELATED OFFENSE?
In order to convict a defendant of Identity Theft, the government has to prove that:
1) The defendant willfully obtained the personal identifying information of another.
2) The defendant willingly used that information for any unlawful purposes. AND
3) The defendant used the information without the consent of the owner of the information.
The court defines identifying information as names, addresses, telephone numbers, health insurance, social security, drivers licence, employee ID cards etc. Additionally, when the instructions state “person” it could also mean a firm, association, corporations or the like.
Were you arrested and charged with identity theft? Contact us now!