Lafayette Identity Theft Lawyer

Lafayette Identity Theft Attorney

Many people are charged with identity theft after a misunderstanding. If this has happened to you, you’re not without options. Being charged is not the same as being convicted. You must take action as soon as possible to set the record straight. Working with a Lafayette identity theft lawyer can keep your options open.

We Put People First

The Law Office of Joshua S. Guillory brings a sense of duty to every case of identity theft charges. Our lead attorney’s background as a veteran of Operation Iraqi Freedom makes us committed to protecting the rights of hardworking Louisianans. Our clients know they can count on our steady presence.

What Is Identity Theft?

Between October and December of 2023, the FTC received 231,724 claims of identity theft. Identity theft happens when someone’s personal information is used to trick or defraud. This usually includes financial or identity information. The state doesn’t need to show that the person accused made any money. They just need to show that there was an intent to defraud.

According to the FBI, there were 27,922 victims of identity theft in 2022. If someone is accused of committing identity theft, their charges can range from misdemeanors to felonies. Felony charges carry heavier sentences and follow you for life. How the information was obtained and the amount of damage caused plays a big role in how the state prosecutes the crime.

What Counts as Identity Theft?

Identity theft is more than just opening a credit card in someone else’s name. The offense encompasses a wide range of acts, including:

• Use of personal information: Personal information includes a lot of different information depending on what was stolen. A name or Social Security number can be used to assume someone else’s identity. Bank account details can be used to steal money.
• Applying for credit: Sometimes, someone’s personal information is used to apply for a loan or credit card. This can give another person access to their funds. The victim only finds out after the damage is done.
• Filing taxes or receiving benefits: Filing taxes for someone else seems like a lot of work, but it might be done for a tax refund. The FTC received 89,465 of these types of fraud reports in 2023. This can lead to victims receiving strange audits.
• Committing crimes: Thieves can give false names to law enforcement. That act can lead to a criminal record under the victim’s name.
• Selling identity: Sharing someone’s identity can lead to penalties. It applies even if the person does not use it themselves. It still counts as a theft under state law.

These are all serious accusations. It’s important to get legal help fast if you’re accused of any of these crimes.

Defending Against Identity Theft Charges

Being charged with identity theft does not always mean the case is strong. Mistakes happen during investigations. People are sometimes accused because of false assumptions. These cases often involve digital evidence, but that evidence can be wrong or taken out of context.

A strong defense starts with a close review of how the case was built. A Lafayette Identity Theft Lawyer may ask questions about who had access to the device, who controlled the accounts, and the security of how the data was stored. In many cases, prosecutors have to show more than the accused simply possessing someone’s information. They have to prove there was intent to use it for fraud.

Sometimes, a person’s identity is used without their knowledge. Other times, someone else may have committed the crime using shared equipment or a common network. These facts matter. A good defense will raise doubts and press the prosecutor.

How an Identity Theft Case Is Built

Prosecutors often rely on digital evidence like emails. They can use IP addresses to try to link someone to a crime. Financial records also play a role. They might include statements or bank activity linked to a stolen identity.

Police might claim that the accused had access to personal information. They often rely on interviews and data pulled from devices. If they believe someone used that data for malicious purposes, they will move forward with charges.

These cases are not always built the right way. Officers may skip steps, ignore other possible suspects, or rely on flawed software or assumptions about who used a phone or computer. A Identity Theft Lawyer in Lafayette, LA  looks at all of this when building a defense.

FAQs About Lafayette, LA Identity Theft Laws

Q: What Are My Rights if I’ve Been Charged With Identity Theft in Louisiana?

A: If you have been charged with identity theft, this does not mean you will be convicted of those charges. You have the right to remain silent. Do not answer questions without legal counsel. Any statement you make can be used in court. A criminal defense attorney can review the charges to protect you during the process.

Q: Is Identity Theft a Felony in Louisiana?

A: Identity theft is a felony in Louisiana. It may be charged as a felony, depending on the facts. That means possible prison time and a permanent criminal record. The penalties depend on the specific offense and how much money was taken, if any. Prior offenses can add to a sentence. A defense attorney can help challenge these charges.

Q: Can I Be Charged With Identity Theft if I Don’t Use the Information?

A: You can be charged with identity theft if you don’t use the information. The deciding factor is intent. If you meant to share someone else’s information for fraud, it is still considered identity theft. A defense attorney can raise questions about whether you knew or meant to break the law.

Q: Can a False Accusation of Identity Theft Lead to Charges?

A: A false accusation of identity theft can lead to charges. It happens more often than people think. Someone can give your name or use your computer without your knowledge. It can even happen due to a clerical error. Get legal help right away if you’ve been falsely accused. Clearing your name is easier with a defense attorney.

Your Identity Theft Defense Starts With a Conversation

There are numerous defenses for identity theft charges. These defenses tend to be more effective the sooner you talk to an attorney. How your charges are handled depends on the circumstances of your case. Schedule a consultation with The Law Office of Joshua S. Guillory to start fighting these charges.