The only thing worse than having your identity stolen is finding out that it was stolen with the intent of committing a crime under your name. Unfortunately, this is something that happens every single day in the U.S., and if it has happened to you, you need to consider your legal options. Please don’t hesitate to reach out to a seasoned San Diego County criminal identity theft lawyer from Barthel Legal today so we can get started working on your case.
Identity Theft Lawyer | Protecting Your Rights When Your Identity is Used for Criminal Activity
Identity theft is a growing problem in the United States, and San Diego County is no exception. Criminals are becoming more sophisticated in their methods, often using other people’s identities to commit crimes. This is unacceptable. Fortunately, however, if you have been a victim of criminal identity theft, you are in the right place. A seasoned San Diego consumer lawyer from Barthel Legal is here to fight for you, every step of the way.
Common Crimes Committed Using Stolen Identities
Criminals can use your personal information in various ways to commit crimes in your name. Some common crimes committed using stolen identities include:
- Fraudulent financial transactions: Identity thieves can use your personal information to make unauthorized charges on your credit cards, open new accounts, or take out loans in your name.
- Falsifying documents: Criminals can forge your signature on checks, contracts, or other legal documents, potentially implicating you in fraudulent schemes.
- Employment fraud: An identity thief may use your personal information to obtain employment, leaving you responsible for any taxes or other liabilities associated with the job.
- Medical identity theft: Your personal information can be used to obtain medical services or prescription drugs, leaving you with the bill and potentially affecting your medical records.
- Criminal charges: In some cases, identity thieves may commit crimes using your name and information, leading to arrest warrants or criminal charges against you.
These are just some examples of the crimes that can be committed with your stolen identity. The list is not exhaustive. Any crime that requires identification or involves personal information can be committed with your stolen identity.
Laws Protecting Consumers from Criminal Identity Theft
California has several laws that protect consumers from criminal identity theft and help them clear their names. These laws include:
- Penal Code 530.5 PC: This is the principal statute that defines criminal identity theft as a crime. It also makes it illegal to sell or transfer someone else’s personal information for fraudulent purposes. Criminal identity theft is a wobbler offense in California, meaning it can be prosecuted as either a misdemeanor or a felony, contingent on the circumstances.
- Penal Code 530.6 PC: This is the law that allows victims of criminal identity theft to petition the court for a finding of factual innocence. This means that the court can declare that the victim was not involved in the crime and order the arrest record and any other records pertaining to the crime to be sealed and destroyed.
- Penal Code 530.7 PC: This is the statute that authorizes victims of criminal identity theft to apply for the California Identity Theft Registry. This is a database maintained by the Department of Justice that contains information about victims of criminal identity theft who have obtained a court finding of factual innocence. The registry can help victims prove their innocence if they are ever questioned by law enforcement or employers about their criminal record.
- Civil Code 1798.92 et seq.: This is the law that gives victims of criminal identity theft the right to sue the person who stole their identity for damages. The damages may encompass compensation for financial losses, emotional anguish, attorney fees, and punitive damages.
How a Criminal Identity Theft Lawyer Can Help You
If you’ve been made a victim of criminal identity theft, you need an experienced and aggressive San Diego County criminal identity theft lawyer on your side. Barthel Legal can help you by:
- Investigating your case and gathering evidence to prove your innocence
- Contacting law enforcement agencies and creditors to inform them of the identity theft
- Filing a petition for a finding of factual innocence with the court
- Applying for the California Identity Theft Registry
- Representing you in any criminal proceedings or civil lawsuits related to the identity theft
- Negotiating with the identity thief or their insurance company for a settlement
- Taking your case to trial if necessary
Contact Barthel Legal Today
We understand the emotional, financial, and legal hurdles that identity theft victims face and are committed to providing the aggressive representation essential for protecting your rights and your future. Should you suspect that your identity has been stolen and used to commit a crime in your name, simply contact a proficient San Diego County criminal identity theft lawyer from Barthel Legal today.
The only thing worse than having your identity stolen is finding out that it was stolen with the intent of committing a crime under your name. Unfortunately, this is something that happens every single day in the U.S., and if it has happened to you, you need to consider your legal options. Please don’t hesitate to reach out to a seasoned San Diego County criminal identity theft lawyer from Barthel Legal today so we can get started working on your case.
Identity Theft Lawyer | Protecting Your Rights When Your Identity is Used for Criminal Activity
Identity theft is a growing problem in the United States, and San Diego County is no exception. Criminals are becoming more sophisticated in their methods, often using other people’s identities to commit crimes. This is unacceptable. Fortunately, however, if you have been a victim of criminal identity theft, you are in the right place. A seasoned San Diego consumer lawyer from Barthel Legal is here to fight for you, every step of the way.
Common Crimes Committed Using Stolen Identities
Criminals can use your personal information in various ways to commit crimes in your name. Some common crimes committed using stolen identities include:
- Fraudulent financial transactions: Identity thieves can use your personal information to make unauthorized charges on your credit cards, open new accounts, or take out loans in your name.
- Falsifying documents: Criminals can forge your signature on checks, contracts, or other legal documents, potentially implicating you in fraudulent schemes.
- Employment fraud: An identity thief may use your personal information to obtain employment, leaving you responsible for any taxes or other liabilities associated with the job.
- Medical identity theft: Your personal information can be used to obtain medical services or prescription drugs, leaving you with the bill and potentially affecting your medical records.
- Criminal charges: In some cases, identity thieves may commit crimes using your name and information, leading to arrest warrants or criminal charges against you.
These are just some examples of the crimes that can be committed with your stolen identity. The list is not exhaustive. Any crime that requires identification or involves personal information can be committed with your stolen identity.
Laws Protecting Consumers from Criminal Identity Theft
California has several laws that protect consumers from criminal identity theft and help them clear their names. These laws include:
- Penal Code 530.5 PC: This is the principal statute that defines criminal identity theft as a crime. It also makes it illegal to sell or transfer someone else’s personal information for fraudulent purposes. Criminal identity theft is a wobbler offense in California, meaning it can be prosecuted as either a misdemeanor or a felony, contingent on the circumstances.
- Penal Code 530.6 PC: This is the law that allows victims of criminal identity theft to petition the court for a finding of factual innocence. This means that the court can declare that the victim was not involved in the crime and order the arrest record and any other records pertaining to the crime to be sealed and destroyed.
- Penal Code 530.7 PC: This is the statute that authorizes victims of criminal identity theft to apply for the California Identity Theft Registry. This is a database maintained by the Department of Justice that contains information about victims of criminal identity theft who have obtained a court finding of factual innocence. The registry can help victims prove their innocence if they are ever questioned by law enforcement or employers about their criminal record.
- Civil Code 1798.92 et seq.: This is the law that gives victims of criminal identity theft the right to sue the person who stole their identity for damages. The damages may encompass compensation for financial losses, emotional anguish, attorney fees, and punitive damages.
How a Criminal Identity Theft Lawyer Can Help You
If you’ve been made a victim of criminal identity theft, you need an experienced and aggressive San Diego County criminal identity theft lawyer on your side. Barthel Legal can help you by:
- Investigating your case and gathering evidence to prove your innocence
- Contacting law enforcement agencies and creditors to inform them of the identity theft
- Filing a petition for a finding of factual innocence with the court
- Applying for the California Identity Theft Registry
- Representing you in any criminal proceedings or civil lawsuits related to the identity theft
- Negotiating with the identity thief or their insurance company for a settlement
- Taking your case to trial if necessary
Contact Barthel Legal Today
We understand the emotional, financial, and legal hurdles that identity theft victims face and are committed to providing the aggressive representation essential for protecting your rights and your future. Should you suspect that your identity has been stolen and used to commit a crime in your name, simply contact a proficient San Diego County criminal identity theft lawyer from Barthel Legal today.
