Friday, 14 September 2012

Identity Theft Defense: Presenting Your Case - Law


A rise in both the number of crimes and the pressure put on the police and prosecutors have led to a need for quite a bit of identity theft defense in this country. If you've been charged with a crime in this area, you need to consider hiring a good lawyer to present your case to a jury or judge. Because it is such a hot button topic these days, prosecutors are pursuing these cases with a diligence unseen since the "Satanic Panic" days of the 80s. While there is certainly some truth to the dangers of these crimes, there are certainly some innocent people getting swept up in the net. Don't let yourself become an example.

In some states, laws have been developed that do not even take financial harm into consideration when determining guilt or sentencing for someone charged with a crime. Though this may seem odd, it is all a part of a growing national consciousness about these crimes. Unfortunately, as is the case in almost all areas of crime, the lawmakers and police are well behind the times. When that happens, you get laws that don't make a great deal of sense. They were rushed out in a response to fear, rather than facts. Nonetheless, this rush can create a golden opportunity to make important arguments in front of a jury.

Identity theft defense can be required even in cases that don't seem relevant. For instance, perhaps you were caught up in a scam unwillingly. Sometimes criminal masterminds enlist others in their schemes without fully telling them what they're getting involved with. You could be as much of a victim as the person whose identity was stolen. But unless you make that argument to the jury with the backing of evidence, there's no reason why the jury will have any reason to not believe the prosecutor when they paint you as the mastermind.

Of course, sometimes guilty is guilty. That doesn't mean you should plead yourself out before the court, however. Consult with a good identity theft defense lawyer to determine the best course of action. There could be enough in the case to present a reasonable case and possibly reduce your sentencing to something negligible like probation or fines. If you have a history of substance abuse, it may also be possible to get sentencing that addresses these problems, especially if it can be shown that it had an impact on your decision to engage in the crime.





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