What to do when you’ve been accused of identity theft?
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Have you been accused of or charged with identity theft? Here’s what to do.
Have you been accused of or charged with identity theft in Melbourne? Or are you concerned that you may be charged?
No matter what stage you’re at, it’s likely you’re feeling confused and worried. You need someone on your side who can explain what you can do.
Before you speak to anyone, make sure you speak with James Dowsley & Associates.
Our criminal defence lawyers in Melbourne are here to assist you every step of the way as you navigate these often confusing and challenging situations.
This blog post will outline the definition of identity theft and fraud, possible penalties, and steps you can take to protect yourself.
Disclaimer: Please remember that the information in this blog post is general in nature and does not constitute legal advice. Our blog is designed to share general information and tips. However, if you would like legal advice, we invite you to call us now for a confidential chat with a criminal defence lawyer: (03) 9781 4900.
Is identity theft a crime in Victoria?
Yes, identity theft is considered a crime in Victoria. It is a type of fraud where one individual is accused of stealing another person’s personal information, not limited to their name, date of birth, or financial details.
Using this information, an individual may open bank accounts, apply for loans, or make purchases; in short, they use it for their own gain without the knowledge or consent of the victim.
What penalties can I face if I am convicted of identity theft?
Some of the potential penalties in Victoria may include:
Fine
Community service
Restitution or compensation to the victim
A criminal record
Imprisonment (up to 10 years)
The penalties for identity theft in Victoria can vary depending on the specific circumstances of the offence. This can include:
Extent of the fraud
Amount of money or assets involved
If you have prior convictions
It is important to seek legal advice if you are facing charges of identity theft, as a qualified lawyer can help you understand your legal rights and options and defend you against the charges.
What are some common examples of identity theft crimes?
Using personal information
This can include using information to gain access to sensitive information, as well as impersonating someone else online (like on social media).
Make purchases or access services online using someone else’s identify
As mentioned above, this can constitute using personal information to access online services or make purchases as another person. This can include accessing bank accounts, superannuation, or emails.
Using or creating false documents
Making documents that you know are deceptive and not honest or legal may be considered a crime. Examples include creating a fake driver’s licence, passport, bank statement, or ID card.
You can also face charges if you have a machine or device that can create false documents.
I have been charged with identity theft in Melbourne, VIC. What should I do?
The first thing you must do is remain calm. Do not act impulsively. Reach out for immediate support and advice.
You should not (and do not need to) speak to the police until you have spoken with a lawyer; you have a right to silence.
Anything you say can be used as evidence in court. It is critical to avoid speaking with anyone about your case or the charges until you have spoken with a lawyer.
Your lawyer will provide you with legal advice, and this may include gathering evidence related to your case. This could be emails, documents, or any other evidence or communication that may support your case.
Remember: being charged with identity theft does not mean you are guilty. It is your lawyer’s role to build a case that defends you against charges; our goal is to achieve the best possible outcome for you and the case.
What does an identity fraud lawyer actually do?
In short, the main roles of your criminal lawyer include providing:
Legal counsel and advice
Legal representation for offences
How do I fight identity theft accusations?
The law is complex, so no matter the accusation, it is critical that you engage a skilled and experienced identity theft defence lawyer to support you each step of the way.
Your lawyer will also help you understand the allocations or charges against you and explain the possible consequences. They will also help you understand the details of the specific allegations and evidence that may be against you.
Together, you will develop a defence strategy based on evidence and circumstances.
What are some possible defences to identity theft charges?
Defences may include:
Lack of intent
Mistaken identity
Consent
Insufficient evidence
Duress
Age
Mistake of fact
Do you need support and advice from a criminal lawyer?
If you are concerned you may be charged with or accused of identity theft, call us now. We are available to speak with you anytime and can provide you with immediate support and guidance.
Call (03) 9781 4900 to speak to JDA’s qualified criminal solicitors in Melbourne. Our phones are open 24 hours a day, 7 days a week.
To request a FREE consultation or submit a general enquiry, contact us online.