Identity fraud has long been a problem. As reliance on digital transactions increases, the issue grows in prominence.
According to a recent analysis, incidents in Florida are up 175%. The odds of erroneous accusations grow when the number of violations increases. There are several styles of argument one can craft when strategizing a legal defense.
Someone facing an identity theft charge might argue for having explicit approval. Picture an individual working as a purchasing agent for several companies. There is an expectation that the employee will be spending money belonging to others. Such expenditures hardly meet the definition of misdeed.
One hurdle to proving innocence may be a lack of written evidence. The go-ahead might amount to no more than a head nod or handshake. Getting a witness to concede this reality in court takes skill and experience.
The goal of the court system is not to impose penalties on those who are innocent of crimes. Law-breaking thoughts are not enough to put someone behind bars. Merely possessing bank, credit card and social security information cannot trigger an arrest. Only using such data for self-enrichment forms a violation.
Lack of intent
Miscommunications sometimes become a source of conflict. Someone taking undesirable actions is not necessarily evidence of nefarious activity. A judge and jury must detect a desire to take advantage of a vulnerable person or organization. Clarifying why there is a misunderstanding demands finesse.
Facing an accusation of identity theft remains a distressing proposition. The natural anxiety a defendant suffers should decrease with a thought-out legal response.