What type of evidence is needed to convict someone of identity theft? 4 Answers as of April 05, 2013My mother-in-law moved out of her home because she was filing for bankruptcy. After about a month of living at her apartment, she received a call from Victoria's Secret saying she needed to contact them because she is being suspected of identity theft, but she didn't do anything. Someone sent package a couple of days after she had left and now lawyers are calling her saying she is going to be charged because she was still the home owner. Help!
William L. Welch, III Attorney | William L. Welch, III
Proof can vary from case to case. They're just needs to be evidence sufficient to convince a jewelry beyond a reasonable doubt that the person accused has committed all of the elements of the offense charged. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential. If somehow the prosecution were to find your post, then it might be used in evidence against you.
Answer Applies to: Maryland
Barton Barton & Plotkin | Maurice Ross
Any type of relevant evidence can be used to prove identify theft. For example, if a package was sent to your mother-in-law's home that was procured using a false credit card, that could be evidence that your mother-in-law committed identity theft. The police will also obtain evidence concerning who made the purchase, how it was made, whether the internet was used, and all kinds of other potential evidence. If you mother-in-law faces charges of identity theft, it is urgent that she retain criminal defense counsel. She certainly is at risk in this situation.
Answer Applies to: New York
Musilli Brennan Associates PLLC | John F Brennan
I would need more details in order to be able to form a valid opinion, but generally the burden of proof necessary to convict one of a crime is relatively high and simply because a package was sent, and apparently intercepted, to her former address would not seem to be sufficient. Sadly, even given her clearly poor financial condition the best thing for her to do is to engage an attorney to assist her to clear this matter up.
Answer Applies to: Michigan