3 possible defenses to identity theft charges

On Behalf of | Oct 25, 2022 | Criminal Defense

So many aspects of our lives rely on the internet and computers. With multiple usernames, passwords, sensitive accounts and apps in play on a daily basis, there is bound to be misuse of credentials and the potential for identity theft.

The digital world is a complex space where robots can leak information or access others’ data without your knowledge or intent. You have options at your disposal if someone accuses you of an identity theft crime.

1. Accidental release of information

Companies may release private information to others without realizing it. Data breaches are increasingly common. The FBI’s Internet Crime Report found a record-breaking 840,000 complaints of cybercrime in 2021. With this number rapidly increasing, the number of innocent surprise breaches will increase as well. In many cases, if you did not intend to steal the other person’s identity, then their case against you is weak.

2. Improper search and seizure

The Constitution guarantees every citizen certain privacy rights. If law enforcement did not properly follow the law by getting a search warrant for your computer or device, they may have created an unnecessary atmosphere of suspicion. They also may have overstepped the bounds of what the search warrant allowed. Dig into the details of what the search warrant authorized and compare that with the officers’ actions.

3. Unclear timeline and circumstances

When did the identity theft occur? Were you and the other party living together or in business at the time of the alleged crime? What conversations did you have at the time? All of the context matters, and if the accusing party has not documented exactly how this occurred, there is likely a reasonable doubt that may help your case.