What if I’m Wrongly Accused of Identity Theft?

Identity theft is something that plagues many Americans and their families every year, especially with the rise in technology and increased risk of cybercrimes. Namely, identity theft is often reported to spike around the holiday season, given the heightened consumer activity, whether it be the physical theft of wallets in retail stores or the cyber theft of personal identifying information through online shopping. If you are facing such a harmful allegation during this time, please follow along to find out what to do if you are wrongly accused of identity theft and how one of the talented Clarksville shoplifting lawyers at Fendley and Birch can fiercely defend your case.

What common misunderstandings lead to an identity theft accusation?

Dealing with identity theft can be a confusing time for many victims. In the midst of these misunderstandings, it is easy for a victim to initially accuse someone as the perpetrator when they are, in fact, innocent. With that being said, below are common examples of what might lead to an unfounded identity theft accusation:

• You may share an electronic device (i.e., computer) or online account (i.e., bank account) with a roommate, friend, or family member who used it to commit identity theft.
• You may have a similar legal name, residential address, email address, IP address, or physical resemblance to the person who committed identity theft.
• Your personal information may have been obtained by a hacker or data breach, and this information was used by the person who committed identity theft.

What should I do if I’m wrongly accused of committing identity theft?

As soon as you get word that you are up against identity theft accusations, you must retain a legal representative immediately. From here, your experienced lawyer may build a solid defense that is a direct response to the misunderstanding that led to this point.

For example, in a case where you shared an online account, you may use a lack of intent defense. Here, you may claim that you did not know the co-lister of a shared or joint account provided false credentials or credentials that are linked to fraudlant activity.

In an incident of mistaken identity or misidentification, you may need to provide abundant evidence that this was not you. For this, you may also need to hire a forensic expert who can analyze and present your computer data (i.e., login logs, IP address records, etc.) before the Tennessee criminal court.

Lastly, if applicable, you may put into question the prosecution’s evidence. Specifically, you may challenge that they obtained the evidence against you illegally or unconstitutionally. Or, that they made an error in the child of custody, and therefore it can no longer be submitted as proof in the case against you.

When it comes to your criminal defense, you should not settle for anything less than spectacular legal representation. So please hire us to help with your criminal trial proceedings. One of the talented Montgomery County criminal defense lawyers at Fendley and Birch looks forward to working with you.