When your identity is compromised, you may be frustrated to learn that someone has accessed your credit card information or taken out a loan in your name. However, if your information was used to commit a criminal offense, you can face the penalties for someone else’s actions. As such, understanding how to prove identity theft is critical to fighting for the best possible outcome and evading prosecution for a crime you did not commit. If this reflects your circumstances, the following blog explores what you should know about these matters, including the importance of working with a Michigan identity theft lawyer to explore your legal options.
What Is Criminal Identity Theft?
Criminal identity theft occurs when someone uses your personal information to commit criminal activity. While all acts of identity theft are crimes, this occurs when someone actively presents themself as you during an arrest or uses your name and details to commit criminal actions.
In some cases, this can be someone stealing your license and presenting it to a police officer during an arrest, or a family member using your information to avoid facing criminal charges. Additionally, you may find that if your information is stolen in a data breach, someone may use your details to commit criminal activity, like fraud, to avoid facing the financial and criminal penalties associated with their actions.
What Evidence Can Help Prove I’m a Victim of Identity Theft and Not a Criminal?
Discovering that you are accused of criminal activity as a result of identity theft can be incredibly overwhelming, and as such, it’s imperative to take the necessary steps to protect yourself. Generally, the most important thing you can do is contact an experienced attorney as soon as possible.
The moment you believe your information was used to commit a criminal offense, you should immediately file a report with your local police department, as well as the Federal Trade Commission. This can help establish your role in this matter as a victim of the action of another person.
Evidence that can help prove you did not commit the crime includes financial or digital evidence showing that you were in another location at the time the crime occurred, witness statements from those who can confirm your whereabouts, and even records from credit bureaus showing that you’ve disputed activity on your account because of identity theft.
Do I Have Legal Rights as a Victim?
If you are the victim of identity theft in which your details were used to commit crimes, understanding your rights is imperative. In general, you’ll find that you have the right to clear your criminal record under Michigan state law. As such, if you were arrested or convicted for a crime you did not commit as a result of identity theft, your record can be expunged, meaning it will be sealed and will not appear on background checks.
In addition, you have the right to file a suit against the individuals responsible for the theft or any entity that failed to protect your information, thus leading to the identity theft.
As you can see, falling victim to identity theft can be incredibly impactful, especially when your information is used by another person to commit a criminal act. If this reflects your circumstances, working with an experienced identity theft victim attorney with Lyngklip & Associates is in your best interest. Our firm understands how difficult these matters can be to navigate, which is why we will do everything possible to help you fight for the best possible outcome. Contact us today to learn more.
