Last updated 2 hours 46 minutes ago
Identity theft is on the rise throughout the U.S., and prosecutors take it very seriously. Therefore, being accused of identity theft is no small matter. Anyone facing these charges should expect his lawyer to adopt an aggressive strategy to prove his innocence.
??Demonstrating That the Client Is a Victim
A person accused of identity theft has had his life turned upside down, his finances investigated, and his privacy invaded. As such, he is truly a victim of the judicial system, not a perpetrator of a crime. A good criminal defense lawyer will stress that his client is another victim in the scenario.
??Negotiating with Prosecutors for Lesser Charge and Penalties
If the evidence against the accused is overwhelming, a defense attorney will help his client negotiate for lesser convictions and penalties whenever possible. That way, the conviction does the least possible damage to the accused?s life and future ability to find a job.
? Identifying Larger Causes
A good defense attorney will determine if his client has a problem with drugs or alcohol that could be the cause of his behavior. If this is the case, the attorney will negotiate with prosecutors to get the client a sentence that will rehabilitate him as opposed to sentencing him to prison time.
??Advising Clients to Pay Restitution
Many victims of identity theft will be less interested in sentencing identity thieves to jail time and more interested recovering the money they lost. If a person accused of identity theft can establish a plan to pay restitution, victims may be willing to drop or reduce charges.
??Convincing a Jury That the Client Is Innocent
In many identity theft cases, the evidence is not absolute, and there is room to argue for the defendant?s innocence. Good defense attorneys will exploit loopholes in the prosecution?s arguments to make the jury doubt the accused?s guilt.
At Hinkle, Jachimowicz, Pointer & Emanuel, we apply the above strategies to fight for the innocence of clients accused of identity theft. For more information about building a strong defense, call our San Jose office at (408) 916-1413.
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