Lafayette Identity Theft Lawyer

Defending Against Identity Theft Charges in Louisiana

Identity theft is considered a serious criminal offense and is penalized as such in the state of Louisiana. At Precht Law Firm, we know what you are up against and are ready to defend you and your rights. Our identity theft attorney in Lafayette is dedicated to safeguarding your rights and navigating the complex legal terrain surrounding these cases.

Facing Identity Theft Charges?
Contact us today at (337) 201-9119 to speak with an experienced Lafayette identity theft attorney and begin building your defense.

What is Identity Theft?

Identity theft is a pervasive crime that involves the unauthorized acquisition and use of another's personal information, such as their name, Social Security number, or financial details, for fraudulent purposes. Perpetrators of identity theft often exploit advancements in technology, using various means like phishing, data breaches, or even old-fashioned methods like stealing mail to gain access to sensitive information. The consequences of identity theft can be severe and far-reaching, affecting your financial well-being and tarnishing your personal and professional reputation.

Types of Identity Theft

Identity theft can take various forms, each with serious consequences. Here are some common types:

• Financial Identity Theft:
  This occurs when someone uses another person’s financial information—such as credit card numbers or bank account details—to steal money, apply for loans, or make unauthorized purchases. It can severely damage your credit and finances.
• Medical Identity Theft:
  When someone steals your health insurance information to receive medical care, prescriptions, or other services in your name, it can affect your medical history, lead to incorrect treatment records, and cause billing problems.
• Social Security Identity Theft:
  This type of theft happens when someone uses your social security number to open bank accounts, apply for credit, or secure loans. It can severely impact your credit rating and make it difficult to detect fraud until significant damage has been done.

Steps to Take if You Are a Victim of Identity Theft

If you suspect that you are a victim of identity theft, here are some crucial steps to follow:

• Notify Your Financial Institutions:
  Immediately report the theft to your bank or credit card company. They can help freeze your accounts, monitor for unusual activity, and guide you through the recovery process.
• Place a Fraud Alert:
  Contact the three major credit bureaus (Equifax, TransUnion, and Experian) to place a fraud alert on your credit report. This will make it harder for someone to open new accounts in your name.
• File a Police Report:
  It’s essential to file a police report, especially if the theft involves significant financial loss. A report will help you document the crime, protect your rights, and be useful for your defense if any legal action is involved.

How an Identity Theft Conviction Can Affect Your Future

If you are convicted of identity theft, the consequences can be long-lasting:

• Criminal Record:
  A conviction will result in a criminal record, which may severely impact your ability to get a job, secure housing, or obtain loans in the future.
• Reputation Damage:
  Being convicted can harm your reputation, not just professionally but personally as well. The stigma associated with criminal charges can affect your relationships and standing within your community.
• Restitution:
  If convicted, you may be ordered to pay restitution to the victim(s) to compensate for their financial losses. This can be a significant financial burden and a long-term obligation.

By understanding the types of identity theft, knowing the steps to take as a victim, and recognizing the potential impacts of a conviction, you can take proactive measures to protect yourself and your future.

What are the Penalties for Identity Theft in Louisiana?

Louisiana takes identity theft seriously, and the legal repercussions for those convicted of such crimes are substantial. Offenders may face both criminal and civil penalties, depending on the severity of the offense.

Criminal penalties for identity theft in Louisiana can include imprisonment, fines, and restitution to the victim. The length of imprisonment and fines levied will depend on factors such as the amount of financial loss incurred by the victim and the number of offenses committed. In addition to criminal penalties, individuals found guilty of identity theft may also be held liable in civil court for damages suffered by the victim. It's crucial to understand that Louisiana law treats identity theft as a serious offense, and a conviction can have long-lasting implications on your personal and professional life.

Defenses Against Identity Theft Charges

Some common defenses against identity theft charges may include:

• Lack of Intent: In some cases, individuals may unintentionally possess or use someone else's information without malicious intent. Proving a lack of intent can be a key defense strategy.
• Mistaken Identity: Mistaken identity is a valid defense if there is reasonable doubt about the accuracy of the evidence linking you to the alleged identity theft.
• Insufficient Evidence: The prosecution has to present sufficient evidence to prove the elements of identity theft beyond a reasonable doubt. We can challenge the evidence against you and seek to have the charges dismissed if it is insufficient or unreliable.
• Consent: If the alleged victim provided consent for the use of their personal information, it can serve as a defense against identity theft charges.

FAQ: Identity Theft in Lafayette, LA

• What should I do if I believe my identity has been stolen?
  If you think your identity has been stolen, act quickly. Start by notifying your bank, credit card company, or any relevant financial institutions. Place a fraud alert with the credit bureaus and monitor your credit report for any unauthorized activity. It’s also important to file a police report and report the theft to the Federal Trade Commission (FTC) through IdentityTheft.gov.
• How can I protect myself from identity theft?
  To protect yourself, avoid sharing personal information on unsecured websites or through unverified contacts. Regularly monitor your bank and credit card statements, and use strong passwords for online accounts. Consider using identity theft protection services to help detect suspicious activity quickly.
• Can I be charged with identity theft if someone else used my personal information without my knowledge?
  In most cases, individuals cannot be charged with identity theft if they are the victim. However, you may face complications if you don’t report the theft promptly or if the fraud occurs repeatedly. Working with an experienced attorney can help you navigate these challenges and protect your rights.
• What is the statute of limitations for identity theft in Louisiana?
  In Louisiana, the statute of limitations for identity theft is generally five years from the date the crime is committed. This means that charges must be brought within five years of the alleged offense, though this can vary depending on the specifics of the case.
• How can an attorney help if I am accused of identity theft?
  An attorney specializing in identity theft cases can help you understand the charges against you, build a defense, and work to have the charges reduced or dismissed. They will also help you navigate the legal process and ensure your rights are protected throughout the proceedings.
• Is identity theft a federal or state crime in Louisiana?
  Identity theft is considered both a state and federal crime. While Louisiana has its own laws that address identity theft, the federal government also prosecutes identity theft under laws such as the Identity Theft and Assumption Deterrence Act.
• Can I get my stolen identity restored?
  While it may not be possible to completely "restore" your identity, you can take steps to recover from identity theft. This includes reporting the crime to the authorities, rectifying fraudulent activity on your credit report, and working with the affected institutions to clear up any damage caused by the theft.

Contact Our Identity Theft Attorney in Lafayette Today

If you are facing identity theft charges, time is of the essence. The sooner you consult with our Lafayette identity theft lawyer, the better your chances of building a strong defense. At Precht Law Firm, we are dedicated to delivering effective legal representation and guiding you through the complexities of your case. Your future and reputation are at stake, and we are here to help you protect them.

Need Legal Help with Identity Theft?
Contact us now at (337) 201-9119 for a consultation. Let our Lafayette attorneys protect your rights and guide you through the legal process.