Identity Theft

Miami Identity Theft Lawyer

Identity theft, otherwise known as identity fraud, is a white-collar crime. It’s become prevalent over the last 20 years with the explosion of the internet. South Florida is the epicenter of identity theft-related offenses, and numerous criminal enterprises are involved in identity theft.

If you have been charged with identity theft in Florida, you must contact an experienced white-collar lawyer as soon as possible to protect your rights. Even if you are only suspected of identity theft, it is critical to get legal help as quickly as possible — law enforcement officials are known to subpoena evidence and conduct surveillance long before an official arrest is made.

Identity theft can be charged in state or federal court. Often, identity theft charges are just one count in a more significant Racketeering indictment. If you live in Miami or the greater South Florida area and are facing identity theft charges, Brian Kirlew, Esq., can help you prepare your defense strategy. Contact us immediately for a free phone consultation at 305-521-0484.

What is Identity Theft?

Identity theft occurs when a person uses the personal identifying information of another individual, without their consent or authorization, for some fraudulent purpose, usually for economic benefit.

The most common types of identity theft are when someone steals your purse or wallet and takes your personal identification documents such as your driver’s license or social security card, uses these to open new accounts in your name, establishes credit cards, and maxes them out on an extravagant spending spree that may take years to pay off. The person may also get their hands on the blank checks you use to pay bills and cash them at retail stores. Other common means of identity theft occur at a doctor’s office, where a staff member steals your personal information and sells it to a third party who applies for credit cards and loans in your name. Identity theft also commonly occurs at gas stations where a skimmer is used to obtain the credit card information of a person, and a duplicate “dummy card” is created with that information.

You can also be a victim of identity theft by giving away too much personal information online, which could allow strangers to apply for loans in your name; create false profiles on social networking sites; order items from merchants using your account number, or file taxes using your Social Security number.

Penalties for Identity Theft in South Florida

If you are found guilty of identity fraud in Florida, you could face the following penalties:

• If the crime is charged as a third-degree felony, up to five years in prison and/or up to five years’ probation, and an additional $5,000 in fines.
• If the crime is charged as a second-degree felony, up to fifteen years behind bars and fifteen years’ probation along with $10,000 in fines.
• If the crime is charged as a first-degree felony, up to thirty years behind bars, along with $10,000 in fines.
• Possession of personal identification of 20 persons or more, and theft of $50,000 or more, is a first-degree felony punishable by up to 30 years in prison with a 5-year minimum mandatory sentence.
• Possession of personal identification of 30 persons or more, and theft of $100,000 or more, is a first-degree felony punishable by up to 30 years in prison with a 10-year minimum mandatory sentence.

As with any felony conviction, you will lose certain rights and have collateral consequences with an Identify Theft conviction. You will lose your right to possess a firearm and vote if convicted. Prospective employers, landlords, and HOAs may see your criminal history in a background check, making finding employment or housing more difficult.

Suppose you have been charged with identity theft, conspiracy, racketeering, or another offense related to identity theft in South Florida. In that case, it is essential to reach out to a white-collar attorney who can help. Even if you don’t think you did anything wrong, it is better to get legal counsel to protect your rights.

Act Quickly to Defend Your Rights — Contact the Kirlew Law Firm NOW!

It is essential to know your rights if you have been accused of identity theft in South Florida. You have the right to remain silent and have a lawyer present at all stages of a criminal investigation, not just in court. If a law enforcement officer contacts you or arrests you, tell the officer that you are invoking your fifth amendment rights to remain silent and to contact your lawyer Brian Kirlew, Esq.

At the Kirlew Law Firm, we have a wealth of knowledge and experience in Identity Theft cases and white-collar crimes in general. We will put their expertise to your benefit. Call (305) 521-0484 or contact us online to get started on your defense.