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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:

“Personal identification information” means any name or number that may be used to identify a specific person, including the following:


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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:

  1. 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.
  2. 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.
  3. 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:

 

 

 

 


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Additional Resources

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. 

Receive a free credit report


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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 .

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