Atlanta Identity Theft is something we should all be concerned about. However there are times where people just don’t know how the law works and they get charged by mistake with an Atlanta Identity Theft charge. In defending allegations of identity theft or forgery, a defense lawyer should investigate the arrest and any police investigations that were conducted for possible defenses. This includes determining whether any searches or seizures made by police were legal. If the police violated a person’s rights, a judge may be forced to suppress any evidence that was discovered from the search.
Under Atlanta law, identity theft can be committed in a variety of ways. One way is when a person uses information identifying an individual without authorization. Identity theft is also committed when a person uses information identifying a deceased person. This offense can also occur when someone creates or uses any fake information identifying a fictitious individual, or a real person when no authorization has been given. Possession of such information can be enough to support a conviction if the person intends to fraudulently use the information.
Identifying information that is protected by law includes current or former names, social security numbers, driver’s license numbers, checking or savings account numbers, credit or debit numbers, personal or electronic identification numbers, electronic signatures, medical identification numbers, birth dates, mother’s maiden name, tax identification numbers, or any information which can be used to access a person’s personal financial resources.
Violators’ sentences will range from 1 to 10 years, and they may be fined up to $100,000. A second offense can land an offender in prison anywhere from 3 to 15 years with a fine up to $250,000. The trial court may order the offender to make restitution to the consumer or business that was victimized.
Georgia law also makes it a crime to use a scanning device to access, read, or store information contained on the magnetic strip of any card used to make payments. This includes transferring the information on one magnetic strip to a different card with the intent of defrauding the original user or business. This offense carries with it a 1- to 3-year prison sentence and a fine up to $10,000. A second offense can put an offender in prison for 3 to 10 years with a fine of $50,000. A trial court may require the offender to make restitution to his or her victims.
If you have been charged in Atlanta for Identity Theft, you are going to need a Atlanta Criminal Defense Lawyer who understands the process. Contact the Howard Law Group so we can help defend you.
