Identity theft can come about in many different ways, from somebody watching a person enter their password, to hacking into accounts and phishing for information. In some cases, it can be many people at once who have their identity stolen and in others, just the one person.
The identity is then used to secure funds, buy products on account, access government money that does not lawfully belong to somebody and more.
If you’re facing allegations of being involved in an identity fraud case, then you’re probably feeling frightened and anxious about what the outcome might be. The best course of action is early action. Not only will it help you to feel less stressed, but it will initiate the practical action that needs to be taken to improve your situation. Contact an identity fraud or identity theft solicitor who is competent and experienced to give you the support you need.
Have you been accused or arrested for identity fraud?
If you or somebody close to you has been charged or arrested in connection with identity fraud, it’s likely that you’ll be feeling stressed and worried about having to speak to the police and potentially attend a court case. You’ll be wanting to know what the outcome is likely to be. Will you be imprisoned for your involvement in identity theft?
The benefit of engaging an experienced identity fraud solicitor is that they can examine your case, request to see evidence from the prosecutor and begin crafting a strong defence strategy for you. It may even be possible to get your case dismissed so that it does not ever progress to the court stage. Alternatively, there may be a way to negotiate outside of the court system.
Once you have a competent solicitor on your side, you will be feeling a sense of relief.
We’ve put together several questions that our clients ask with their answers below. If you have a question that isn’t listed, contact us for a no-obligation chat, and we will do our best to help. We aim to provide you with the legal guidance and support that you need.
What type of actions are considered identity fraud?
Some of our clients are facing false accusations and others were tempted to act in a way that has now put them into trouble with the law. They may have seen an occasion to be opportunistic and steal a document that belonged to somebody else. In other cases they may have used a computer, a mobile phone or a tablet to hack into accounts that didn’t belong to them, or to steal personal information.
In some cases, identity theft is facilitated by a computer. There are three offences contained in the computer misuse acts 1990, these are:
- Unauthorised access to computer data – in some cases, our clients have been unwittingly caught up in an investigation without realising that their actions are unlawful.
- Unauthorised access to accounts with intent to commit or facilitate the commission of further offences – our legal team have the technical, legal and strategic experience to guide you every step of the way through your identity theft investigation.
- Unauthorised acts with intent to access private information to impersonate another person in order to access funds – some identity fraud and identity theft crimes may take place outside of the UK, and there may even be extradition involved in your case.
What happens in an identity fraud investigation?
When an investigation into an identity fraud event takes place, it is likely to be a forensic investigation into finding evidence to report the crime and create a case for conviction.
You’re likely to find this a worrying time in terms of wanting to know if you’re going to be imprisoned as a result. If you have dependents, you’ll be worried about whether they will have access to an income to house and feed them while you spend time imprisoned.
This is why it’s so important to take legal counsel in your identity theft case. Every case is unique, and by engaging with identity fraud solicitors who have experience and legal knowledge, the better position you can put yourself and your family into.
Under certain circumstances, some cases can even be dismissed if you employ the right legal professionals who are specialists in this area.
You may have been falsely accused of identity fraud
In some instances, our clients have been falsely accused of identity fraud. When we look at the evidence from the prosecutor, we can see where an error has been made, and the case is not related to our client.
If you are in a situation like this, then we may be able to help you and get your case dismissed.
Instruct a legal professional as soon as possible
If you have been informed about an investigation taking place about you allegedly performing an act of identity fraud, it’s crucial that you engage a specialist identity theft lawyer to support and protect your interests. You may have forged documents, or experimented with online computer hacking, but whatever your situation, it’s vital that you immediately seek the guidance of a specialist identity fraud solicitor.
If you reach the point of conviction, it is likely that you will have some financial costs and damages to pay and you may be given a prison sentence.
What should you do if you get arrested or charged with identity fraud?
Identity fraud law can be complicated, and it is something that can change regularly. Although it’s not compulsory for you to take legal representation, we recommend that you do so.
Our fraud solicitors keep current with changes to English law and review those changes. Not only will you have access to a team of knowledgeable legal professionals but you’ll also have access to the most current information and will be provided with the best defence and advice. You will be supported throughout the entire process to ensure that you get the best outcome. Our team have the legal experience, technical know-how and tactical expertise.
An identity fraud investigation is a form of a formal criminal investigation. It’s vital that you engage a solicitor to guide you and to protect your interests.
Hiring specialist legal knowledge will give you peace of mind. We advise that you get in touch with us as soon as you can so that we can analyse your case before it develops further.
Can the police search my home?
The police can search your home as they will be seeking evidence. The authorities will have granted access to your property, and the police will carry through the search as law enforcement officers. The search warrant will extend to cover your digital devices including your computer, smartphones and tablets in addition to any other data container.
What type of sentence could you get for identity fraud?
Depending on the value of the identify fraud, your role, the level of sophistication employed in the crime and the degree to which you planned the offence, your sentence can range from a fine to many years imprisonment.
Our objective is always to win. However, where winning is an impossibility, our fall-back objective is to minimise the possibility of imprisonment and then, to ensure that the most lenient sentence of imprisonment is imposed.
What mitigating factors may be considered in sentencing?
When sentencing the convicted on identity fraud crimes, your case will be looked at for whether it’s part of a group activity that is making a significant amount of money or something you have done just for yourself or a couple of friends.
Could you go to prison for identity fraud?
Identity fraud is a serious offence, but it does not result in a prison sentence every time. By taking the right steps, many cases are resolved outside of the court system
If you have dependents, you will need to take into account how this may affect them. They may not have another income, and it may also affect their general wellbeing to know that somebody whom they love and admire has been imprisoned for an offence.
We recommend that you take on the services of an experienced and competent identity fraud solicitor as soon as possible.
Does a conviction for identity fraud go on your criminal record?
If your identity fraud case progresses to court and you are convicted of an offence, your conviction will be noted on your CRB / police record. The duration of the endorsement will depend on the nature and length of your sentence.
Read more about possible sentences for Identity Fraud offences.
How Can Stuart Miller Solicitors Help?
The identity fraud solicitors at this firm are experts in the field of identity theft defence. We understand that identity fraud can be performed by sophisticated technology users and in some cases, forgery experts.
Our identity fraud solicitors are familiar with a wide range of identity theft and hacking offences. Hovering over someone’s shoulder and looking at their passwords to enter their online accounts is the most basic form of identity theft.
What will happen when I instruct an identity fraud lawyer?
If you are facing an allegation of identity fraud, regardless of the seriousness of the accusations being made, it is vitally important that you contact us and arrange to meet with a specialist identity theft solicitor. Your allocated team will be at the forefront of the cybercrime defence world and you will be supported in achieving your objectives every step of the way.
We will study the allegations and identify legal, factual and technological defects in the case. We will obtain your instructions and absorb your knowledge of identity fraud, where it exceeds ours. We will work with you to ensure that unlawfully obtained evidence or evidence which is not free of ambiguity is never used to prosecute you.
We will engage with forensic computer and networking experts to challenge the prosecution’s allegations and present the findings in a way that the jury will not only understand but also believe.
Book a free consultation with our identity fraud lawyers
Our identity fraud lawyers are familiar with all issues routinely featuring in identity fraud and identity theft allegations. We firmly believe that early action, in any case, is pivotal to increasing the chances of success. In such complicated investigations, it’s critical that you get access to expertise at every point. You can benefit from a free consultation where you can discuss your case with us.
Please contact us and ask to speak to our identity fraud lawyers to arrange a meeting, whether face to face, online or by telephone. If you prefer, you can WhatsApp us from the link you will find on this page.
Would you like to discuss your case before instructing us?
If you’d like to have a no-obligation chat with us before you instruct us to take your case, then call us today.