Understanding Colorado Identity Theft Cases
It is accurate to say that most people in Colorado and elsewhere have been affected by the crime of identity theft. As a result, judges, juries and prosecutors are not sympathetic to people charged with identity theft and related crimes.
Whether credit card account information from a customer is swiped at a restaurant; an individual possesses counterfeit, stolen or fraudulently obtained credit cards; or someone is using personal information obtained from online “dumps,” it is imperative that your attorney has real experience with the complex issues involved in this crime. H. Michael Steinberg, a former Colorado career prosecutor has real identity theft training and experience. Mr. Steinberg not only received specialized identity theft training as a prosecutor, and has taught others about identity theft, Mr. Steinberg has represented individuals charged with these crimes as well.
For an individual charged in Colorado state with identity theft, the crime generally occurs when a person obtains a victim’s personal identifying information and uses that information for his or her benefit. More specifically, identity theft occurs if someone uses another person’s identity-related information for personal gain or to cause financial harm to another–assuming someone’s identity involves presenting himself as another person, usually via using another’s personal identifying information. “Personal identification information” can refer to debit card numbers, credit card numbers, social security numbers, and also a person’s mother’s maiden name. Identity theft crimes, depending on the nature of the offense, are classified as anywhere from lower-level misdemeanors to higher-level felonies, depending on the value of the information used or the value of goods and services acquired with that information. Felony identity theft can result in many years spent behind bars in state prison.
Identity theft is a charge prosecutors can easily establish with minimal effort, such as where an individual uses another person’s check to take money without permission. On the other hand, identity theft charges are often more complex and brought against individuals or crews involved in sophisticated schemes such as credit card “bust outs,” “identity takeovers,” “data breaches,” or other criminal enterprises.
Prosecutors can make identity theft charges more severe, especially if the identity theft takes place along with another felony. If the other felony carries a heavier sentence than does the identity theft charge, the more severe of the two charges can be used against the suspect.
Identity theft is often charged together with other crimes such as
- Unlawful Possession of Personal Identifying Information
- Scheme to Defraud
- Grand Larceny
- Unlawful Possession of a Skimmer Device
- Possession of a Forged Instrument
- Forgery
- Possession of Stolen Property
Additionally, the district attorney’s office can prosecute you even if you never stepped one foot in their jurisdiction.
Before retaining any attorney to represent you for crimes relating to identity theft, ask the attorney what specific training and experience he or she has and how you can use that training and experience to your advantage. You owe it to yourself to retain a criminal defense attorney who isn’t merely a general practitioner with minimal or no identity theft experience, and who juggles a criminal and civil practice. You owe it to yourself to retain The Steinberg Colorado Criminal Defense Law Firm, with Mr. Steinberg’s real hands-on experience and training.
Call us at 303-627-7777 or 303-543-4433, or contact us online today.
