Baltimore Identity Fraud Attorney

Identity fraud is a serious charge in Baltimore that can carry significant penalties. It is important for anyone facing these charges to consult with a Baltimore identity fraud lawyer so as to avoid, or at least mitigate these penalties.

Consequences of Identity Fraud

There are significant consequences for a person charged with identity fraud. Most notable are the potential for incarceration, significant fines, and extensive and oppressive probationary and supervision conditions. An individual convicted of identity fraud further carries a greater stigma than many other offenses.

Someone whose criminal record contains a conviction for DUI, trespass, or a disorderly conduct charge does not have to deal with the same ramifications as someone with a conviction for identity fraud. In addition to the significant jail, monetary and probationary consequences, an identity fraud conviction could lead to life-long stigmatization, frequently creating an automatic disqualification from various career opportunities. Additionally, some may have difficulty even finding housing and find their applications rejected for having these types of convictions.

Unique Defense Strategies

Dealing with identity fraud is not a typical testimony type of scenario. Usually, these types of cases are very document-intensive. There are voluminous records and frequently, the prosecution has a challenging time establishing the full chain of events and all the elements necessary, often because the charges deal with conduct over time.

Frequently, an individual charged with identity fraud isn’t necessarily caught “red-handed.” The evidence is often circumstantial; consequently, if even one element is missing to establish the conduct, the prosecution’s case fails. For example, it is not enough that a person had some sensitive mail delivered to their house that belonged to somebody else. The prosecution must prove that the person intentionally went about getting the mail and did it with the intent to commit fraud. If the prosecutor cannot prove this to the highest degree, the person should be found not guilty.

First Steps Under Investigation

When someone is charged, they are an adverse party. Prosecutors and police officers generally cannot speak to them or are restricted in their ability to communicate. However, someone under investigation is not necessarily considered an adverse party. Police can come to their door; call the person on the phone, or interrogate them. However, the moment someone has an identity fraud lawyer in Baltimore, they are automatically protected. No prosecutor, investigator, or police officer can speak to the individual without the attorney’s express permission.

Many individuals believe they are going to help themselves by cooperating with the authorities. When in reality, the police have every intention of charging them and are using the pre-investigative status to trick or manipulate them into making a confession, admission, or back them into a corner. By having an attorney, they are protected from many of those pitfalls that investigators and prosecutors employ to try to prove their case against a charged individual.

Benefits of Retaining a Baltimore Identity Fraud Lawyer

An attorney is a spokesperson. Because of the nature of the criminal justice system, the only real thing a prosecutor can ask a defendant in advance of trial is if they are pleading guilty or not. The prosecutor can also inform the individual what sentence they will recommend if they plead not guilty and go to trial. The prosecutor cannot negotiate, discuss the situation, or hear an explanation, even if they wanted to.

An attorney can be a spokesperson to communicate with investigators and prosecutors alike. Unlike a defendant, attorneys have a far more freedom to speak to witnesses and even victims; whereas defendants are prohibited from doing so.

Advantages in Court

As a practical matter, an individual defendant will not have an understanding of the particular dynamics or importance of court procedure. Significantly, there are deadlines for things that must be done in these court cases. If someone wants to have a trial, there are deadlines for identifying their witnesses, requesting discovery, and preserving evidence. Even if an individual has good evidence that could very well support a valid defense, a failure to follow or observe proper protocol will render the evidence useless. It is vital to work with an experienced Baltimore identity fraud attorney when facing these charges and going through the court process.