Fradulent Use of Personal I.D. Information
Identity theft has been a growing concern in the State of Florida. Criminals and criminal organizations understand that obtaining one’s personal information could be more valuable than taking their wallet. Personal information, such as name, date of birth, address, social security number, drivers license number, credit card information, and more, could allow someone to use that information to commit crimes related to Identity Theft.
Personal information is generally obtained in two ways. First, a skilled computer hacker can gain the information from certain online databases that have lists of individual’s personal information. Second, personal information can be obtained by less sophisticated crimes such as theft, burglary, and robbery. where the goal is to steal identification with personal information.
The penalties imposed for fraudulent use of personal information can be severe including incarceration, probation, and other sanctions. In addition, a person who was not a United States citizen will be deported from the U.S. in some situations based on a conviction for Fraudulent Use of Personal Information. You should contact an attorney with experience in both criminal defense and immigration law for further legal advice.
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Attorney for Fraudulent Use in Miami, FL
If you were arrested for Fraudulent Use of Personal Information in Miami, Florida, you should immediately contact Hubbs Law. You need a consultation from an experienced criminal defense attorney.
E.J. Hubbs is “Board Certified” in criminal trial law and has taken over 50 cases to jury trial. He will sit down with you, free of charge, and discuss with you the facts of your case and any defenses that you may have.
Hubbs Law handles all types of fraud cases in Miami-Dade County, South Miami, Doral, North Miami, Homestead, Miami Gardens, Miami Beach, Kendall, and Hialeah, as well as other cities and areas in the Greater Miami Area.
Contact Hubbs Law at (305) 665-9040
to immediately speak with a attorney E.J. Hubbs and discuss the facts of your case. Hubbs Law offers free initial consultations for most cases. Call today to schedule your appointment.
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Information Center for Fradulent Use of Information
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Elements of Fraudulent Use of Personal ID Information
Pursuant to Florida Statute 817.568(2), to prove the crime of Fraudulent Use or Possession with Intent to Fraudulently Use Personal Identification Information, the State of Florida must prove the following two elements beyond a reasonable doubt:
- The Defendant willfully and without authorization fraudulently used or possessed with intent to fraudulently use personal identification information concerning the victim; and
- He or she did so without first obtaining the consent of the victim.
“Personal identification information” means any name or number that may be used to identify a specific person, including the following:
- any name,
- postal or electronic mail address,
- telephone number,
- social security number,
- date of birth,
- mother’s maiden name,
- official state or United States issued driver’s license or identification number,
- alien registration number,
- government passport number,
- employer or taxpayer’s identification number,
- Medicaid or food stamp account number,
- bank account number,
- credit or debit card number
- personal identification number or code assigned to debit card holder,
- fingerprint, voice print, retina or iris image, or other unique physical representation,
- unique electronic identification number,
- address, or routing code,
- medical record,
- telecommunication identifying information or access device, or
- other number or information that can be used to access a person’s financial resources.
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Penalties for Fraudulent Use of Personal I.D. Information
Under Florida Statute 817.568(2), a conviction for fraudulent use of personal identification information is a 3rd degree felony punishable by up to 5 years in prison and a $5,000 fine. In addition, a person who was not a United States citizen will be deported from the U.S. in some situations based on a conviction for Fraudulent Use of Personal Information.
Florida law also imposes increased penalties if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is in excess of a specific amount or if the person fraudulently uses the personal identification information of multiple victims, without their consent. Under the previous theory, a defendant faces the following penalties upon a conviction:
- Second degree felony with maximum prison sentence of 15 years and 3 year minimum mandatory sentence if $5,000 or more in pecuniary benefits and between 10-19 victims.
- First degree felony with maximum prison sentence of 30 years and 5 year minimum mandatory sentence if $50,000 or more in pecuniary benefits and between 20-29 victims.
- First degree felony with maximum prison sentence of 30 years and 10 year minimum mandatory sentence if $100,000 or more in pecuniary benefits and 30 or more victims.
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Defenses to Fraudulent Use
To prove the crime of Fraudulent Use of Personal Information, the State of Florida must prove beyond a reasonable doubt that 1) the Defendant willfully and without authorization fraudulently used or possessed with intent to fraudulently use personal identification information concerning the victim; and 2) the Defendant did so without first obtaining the consent of the victim.
There are several legal defense applicable to this charge that may apply in certain cases:
- Consent – The State of Florida is required to prove that the Defendant did not obtain the consent of the victim to possess or use the personal identification information. If the alleged victim consented to your use or possession of the identification information, you may have a legal defense to the crime.
- No Intent – The State of Florida is required to prove that you “willfully” used or possessed with intent to fraudulently use personal identification information. “Willfully” is defined in the Florida Criminal Jury Instructions as meaning “intentionally, knowingly, or purposely”. Therefore, if your possession or use of another’s personal identification information was by mistake, unintentional, or unknowingly, you may have a legal defense to the crime.
- Identification – All criminal charges require that the State of Florida prove that you were the one that committed the crime. This can be accomplished by a witness identifying you in court as the person that possessed or used the personal identification information or by circumstantial evidence. In a case involving circumstantial evidence, sometimes it can be difficult for the State to prove that you were the one that committed the crime. Many times the State will try to prove the crime through documents and other evidence. If the circumstantial evidence is not strong enough to show you were the person that committed the crime, then you may have a legal defense.
- Constructive Possession – In many cases involving the charge of Fraudulent Use of Personal Identification Information, the victim’s personal identification information is located in the defendant’s vehicle or home. If the evidence was located in an area where one or more persons had access to, then the State may not be able to prove that you either possessed or knew about the personal identification information.
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Florida Office of the Attorney General- The Attorney General’s office handles identity theft at the appellate level. Find information on protecting your identity, reporting identity theft, and statistical information for identity theft in Florida.
Florida Department of Safety and Motor Vehicles- The Florida Department of Safety and Motor Vehicles issues driver’s licenses in the State of Florida. Find information on reporting identity theft and how to obtain a new driver’s license if your identity is stolen.
Federal Trade Commission- The Federal Trade Commission is a federal agency that is in charge of consumer protection. Find information on reporting and recovering from identity theft.
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Find an Attorney for Personal ID Information in Miami-Dade County, FL
If you were charged with an Fraudulent Use of Personal Identification Information in Miami, FL you will need an experience criminal defense attorney to defend you against the serious allegations and penalties associated with this crime.
Our board certified criminal trial attorney, E.J. Hubbs, will sit down with you, discuss the facts of your case, and analyze what defenses you may have to defend the case at a motion hearing or trial.
E.J. Hubbs defends clients charged with all types of fraud in Miami and throughout Miami-Dade County, including Hialeah, North Miami Beach, Kendall, Homestead, South Miami, Miami Shores, and North Miami and anywhere else in the area.
At Hubbs Law, your first consultation is always free. Call us today to schedule your free consultation at (305) 665-9040